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Changes to residental parking conditions

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  • Changes to residental parking conditions

    My management company, made up of leaseholders in a private residential complex have just changed the parking regulations to prohibit larger vehicles from parking, essentially anything but a car. This will affect several residents who always park considerately.

    The lease grants the right to park a vehicle on the roadway. Some years ago the management company introduced a parking scheme, supposedly to prevent bad parking which prevented refuse being collected, and have appointed a parking company to monitor and issue tickets.

    As a leaseholder resident for a number of years I have not witnessed problems.

    My query is can the management company enforce this without a change to the lease. My vehicle is one of those affected.

    Pressandgo
    Tags: None

  • #2
    Re: Changes to residental parking conditions

    No they cannot change your lease without your agreement. But look out for lease conditions that allow for changes to be made for the benefit of the leaseholders and what exactly is allowed to park. Many appear to state private motor car only.

    Object now to this derogation of grant.

    Comment


    • #3
      Re: Changes to residental parking conditions

      Thanks for swift reply

      Being reading lease, found following which think might be relevant

      Tenant covenant - "not to hinder or prevent free access to others over drives, not to park of any motor vehicle in such areas as may be specially allocated for such purposes." There is no allocated spaces for leaseholders, parking in on the private road, my vehicle has never hindered others, or blocked daylight.

      Landlord covenant - "to allow Tenant to posses and use property without interference"

      Provisos - "The landlord may in the interests of good estate management impose such regulations of general application regarding the Estate as it may in its absolute discretion think fit in addition to or in place of the Regulations (but so that any such regulations shall not conflict with this lease) and Landlord shall have power in its absolute discretion to revoke amend or add to such regulations." - does this mean they can impose restrictions on the type of vehicle allowed to park, or does this restriction conflict with the lease as a derogation of grant?

      Rights granted with Property - states right to , subject to the parking rights of other tenants, to use with or without vehicles the drives parking areas and garage forecourts of the Estate.

      Hope this information helps anyone who may be able to assist. The management company is controlled by one or two individuals with whom you cannot reason!

      Thanks in advance

      Comment

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