Leaseholders right to park vis-a-vis the landlord's right to regulate

[johnnic]

I'm hoping someone can help us with this. We are the owner occupiers (leaseholders) of an apartment in London. The purchase price included the exclusive right, as set out in the lease, to park one private vehicle in a parking space of the building.

The lease further requires the leaseholder to "comply with all reasonable regulations which the Landlord may from time to time make and publish for the detailed administration of the building".

The property manager, acting on behalf of the landlord, has instituted a regulation that requires all cars to display a permit. Failure to display the permit or, (as in our case) displaying a permit which had expired by two weeks, results in a private parking charge being imposed by a private parking company employed by the landlord. We recently received a private parking charge of £500 (5 x £100) when we left our vehicle in our authorised car space but without an up-to-date permit as we were out of the country on holidays when the requirement for a new permit was advised to all leaseholders.

My question is, if this case were to go to court, is it likely that the imposition by the landlord of a regulation of this nature would be considered enough to abrogate our legal right to park in the building?

[mystery1]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

I would say no but there is never a guarantee in court. Can you still appeal ?

M1

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

I would say no but there is never a guarantee in court. Can you still appeal ?

M1

No, we forewent our right to appeal and paid the parking company a smaller 'admin fee'. to get the matter out of our hair.

My main interest now is in establishing whether it is worthwhile trying to get the landlord to change what I consider to be an absurd situation.

[mystery1]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

It may be worth speaking to them and pointing out but whether it's worth pursuing legally if they refuse might be another matter. I think you are on the correct side of the argument.

Google UKPC v Davy.

M1

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

We have had several discussions with the property manager about the issue but they refuse to move from their position.

Thank you for your advice and I agree that it is probably not worth taking it any further. It just irks me that we have paid in the range of £20,000 to £25,000 for the right to legally park and then have to pay additional charges summarily imposed by a private parking company.

[Diana M]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

We have had several discussions with the property manager about the issue but they refuse to move from their position.

Thank you for your advice and I agree that it is probably not worth taking it any further. It just irks me that we have paid in the range of £20,000 to £25,000 for the right to legally park and then have to pay additional charges summarily imposed by a private parking company.

Hello Johnnic,

If your lease says you have the right to park your car in an allocated space and the lease doesn't mention anything about a charge for dong so (other than the £20k your already paid upfront for the facility) then you can't be charged to park there with or without a permit. And you certainly can't be made to pay a penalty/fine for parking there either.

The lease also says you must comply with all "reasonable" regulations. I don't think it's "reasonable" to attempt to fine you £500 for parking in your allocated parking space especially since common sense says no one else could have parked there anyway. You weren't depriving the Freeholder of the opportunity to charge an alternative person for the privilege since you effectively 'own' that space for as long as you own the lease (is the parking space demised to your lease?).

The Managing Agent probably meant well when he decided to implement a permit system for legitimate vehicles as this would prevent rogue parkers. If the agent feels that the way to police the system is to have private parking attendants then that's not all bad either. I suspect the cost of employing the private parking company is recovered through the service charges (is it?) which only adds insult to injury that you should be fined in this way for a genuine administration oversight.

I think you should take your quarrel to the Managing Agent. Write a letter headed Formal Complaint. That way the agent will have to treat it as a complaint and address your concerns. Ask for a refund of what you've paid to the private parking company as the resolution you are seeking.

All managing agents now have to belong to a Government approved third party redress scheme and The Property Ombudsman is the most common. If you don't get the result you're seeking from the Managing Agent then you can refer your complaint to the Ombudsman (the agent will know that). You can check whether this agent is a member here > https://www.tpos.co.uk/news-media-an...se-6-june-2016

Good Luck with this.

Di x

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

Hi Di

Thank you for your helpful response. Allow me to add a little more clarification if I may.

Our lease provides us with the "the exclusive right to park one private motor car in each such parking space" (demised) and the parking space is defined as "the parking space within the parking area from time to time to be allocated by the landlord to the tenant for parking one private motor car". In practice, the property manager has advised leaseholders to park their vehicles anywhere within a specific colour coded area, which we were correctly doing.

The private parking company is (apparently) employed by the landlord (through the property manager) on the basis that they can collect and retain all charges they impose. There is no additional charge to added to our service charge for that service.

The property manager is a member of The Property Ombudsman. We will do exactly as you suggest.

Thanks again

John

[Diana M]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

The private parking company is (apparently) employed by the landlord (through the property manager) on the basis that they can collect and retain all charges they impose. There is no additional charge to added to our service charge for that service.

Ah ha. It's as I suspected.

The parking company is contracted on a commission-only type basis which could explain their over zealous approach to dishing out fines.

Ruffle some feathers by asking to see a copy of their contract so you can see what deal has been done between the Freeholder (via their Agent) and the business. Your request will probably be refused but it may get the Managing Agent to focus on your complaint.

If a Landlord (Freeholder) wants to enter into a contract with a service provider for a period of more than 12 months at a cost of more than £100 p.a. to any one lessee, then they have to consult with the Lessees under Section 20 of the Landlord and Tenant Act 1985 as it would be seen as a "qualifying long-term agreement". However if the Landlord/Freeholder is not paying them actual money they can probably circumnavigate this legal procedure. I wonder if that's lawful.

This same legal requirement extends to the Managing Agent's appointment. Has he been the Managing Agent for longer than a year, and do you know if the existing lessees were consulted under s.20 when he was appointed?

I don't know whether this is your first experience of owning a leasehold property, but there is plenty of legislation to protect you. In my experience Managing Agents tend to hope you don't know it or can't find it.

Government funded LEASE is a good source of information and they have a free helpline staffed by legally trained people and a terrific website packed with everything you need to know http://www.lease-advice.org/advice-g...tor-landlords/

Di x

[R0b]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

This thread rings a bell, judging from the number of your posts johnnic, didn't you post something similar to this before?

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

This thread rings a bell, judging from the number of your posts johnnic, didn't you post something similar to this before?

Di's response was to my original post of 8 June. I haven't reposted my original request for help.

[R0b]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

I see so it doesn't relate to this? http://www.legalbeagles.info/forums/...906#post653906

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

I see so it doesn't relate to this? http://www.legalbeagles.info/forums/...906#post653906

I apologise if I have been a bit obtuse, I certainly didn't mean to be.

I have been trying to seek answers to two related, but separate, issues. One to do with how best to deal with the parking company and its penalty charges and the other to do with how best to work with a property manager who refuses to consider how their policy is affecting leaseholders (or at least, this particular leaseholder).

I have appreciated the excellent advice I have received, notwithstanding that the problem still exists.

[ADDLED]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

how best to work with a property manager who refuses to consider how their policy is affecting leaseholders (or at least, this particular leaseholder).

Slightly off the main topic, but have you considered Right to Manage?

http://www.lease-advice.org/advice-g...ght-to-manage/

We had immense problems with our landlord and their managing agent (who were effectively a subsidiary company of the landlord), their shoddy contractors, excessive service charges, iffy major works tenders. You name it, they were up to it and handsomely overcharging for it.

We exercised RTM and got rid of them in 2013 and now control our building. We appointed our own managing agent, have lowered our service charges and had a major works project that addressed the issues we wanted, the workmanship was superb and it came in 5% under budget.

The process is pretty easy, you just need to setup a Residents Association and get 51% of the residents to agree to go forward.

Another alternative is to buy the freehold and get rid of the landlord too, but that's a bit more complicated.

Best of luck
ADD

[johnnic]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

Yes, our situation is similar. The property manager seems to have an almost 'incestuous' relationship with the landlord.

We have considered the option of RTM but our problem is that the vast majority of the leaseholders are 'buy-to-rent' and getting 51% of them to move would be very difficult. We, on the other hand, are owner occupiers and have to deal with their incompetence on a daily basis.

[ADDLED]

Re: Leaseholders right to park vis-a-vis the landlord's right to regulate

Around half of our 49 apartments are BTL owned too; that's the way it is I'm afraid. Have you canvassed them? BTL landlords are in it to make a profit and are quite savvy about the benefits of RTM. You need someone who has the time and inclination to put the effort in, cajole people and see it through.

We use Rendall & Rittner as our managing agent and I'm sure they can also handle the RTM application. Its at least worth giving them, a call. H
PM me an d i'll give you their ctc details.