Lost case - Need urgent help

[masatoi]

Hi,

I'm a leaseholder of a parking plot within purpose build flats.
The lease is under my name on Land registry.

However the Lease says

"The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."

Does this mean I'm not considered as a Tenant if I don't have a signed deed set out in the Second schedule? I'm the leaseholder stated in the Land registry.

The Lease also states that the Tenant can park a car within the premises. But if I don't have a signed deed even though I'm the lease holder on Land registry I have no right to park a car there?

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The reason I'm asking is that I got sued by the car park management company and I defended as the Leaseholder.

At the court last week I was asked to show the "separate deed of direct covenant with the Management Company in the form set out in the Second schedule." but I forgot to take it with me so the judge decided to reject my defence so I failed as I couldn't prove that I'm the Tenant who has the right to park.

I did submit the land registry though.

Is it possible to appeal the judgement? Or should I accept the decision and pay the costs?

Your advice would be much appreciated.
Thank you

[charitynjw]

"The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."

Sounds like a novation to me.....all 3 parties need to agree to the new arrangement.

When was the judgment?

It would appear that, with a novation, the 'chose' (ie in this case the right to park) has been passed to the new 3rd party by consent/agreement of all 3 parties. The original contract is extinguished & is replaced by the new agreement,
Although the contract can be verbal, it is good practice to reduce it to writing.

Was the new party paying you for the right to park?

[charitynjw]

One possibility...you appear to have given up your right to park in a dedicated space....but does your tenancy agreement exclude you from parking elsewhere on the site on an ad hoc basis?