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Case of Misrepresentation? Or a problem we'll have to live with?
We completed Dec 16th 2020 on an apartment that came with an allocated parking spot (Exchanged off Plan July 2019). When we reserved the plot we put in a request to be considered for a Parking Space that came with Electric Charging Point and pointed out we had a wide car. We were told that the request would be considered when we were allocated a space closer to the completion date.
I received the a lease document and car park plan for signature on December 3rd 2020
The developer only allowed access to the block from the 11th December ( this is also the date we were first able to view the apartment and car-park).
We raised, with the sales office on the 11th when we met on site, that we hadn't been given any information as to what parking spot we had been allocated. The sales office told us verbally that it was No. 71 on the 11th December .
When we completed on the 16th December this was the first date we were allowed car access to the car park. This is what we found with used the car park space. When the adjacent parking space is occupied (70) BOTH DRIVERS door exits are blocked which ever way the cars are parked (either by a pillar or by the other car which ever way both cars are parked front/rear end in first).
The parking spaces are 2.4m wide when the line widths are measured. However the pillars are encroach into the spaces. The actual widths are 2.2m and 2.26m.
No measurements were ever provided at any time prior to completion and the only plan sent showing the car park is not accurate.
We've reviewed the Car Park Plan provided in the lease and the pillars are shown to be outside of the spaces 70/71, there are no measurements on the plan we were provided and there the plan provided is not printed to scale.
We also have now noticed this week that the lease parking plan should have been marked with what space allocated was the plot, but it isn't. Something I missed but also something my solicitor missed and the developer and the developers solicitor also missed! Which needs to be rectified but there may be a small element of grace, in that we haven't signed a document on which a particular parking space is shown. To ensure it doesn't create a problem when we come to sell we will get our solicitor to write to the developers solicitor flagging up the discovery. Which could prove interesting, if they send us a Plan which is the same as the original one we could flag up it's not accurate and can't sign it???? Or if they send a revised plan that is accurate we could say we can't sign it, its different to the one we signed before completion???
The questions is would I have a case to insist on a alternative space? there are other EV and non EV spaces that don't appear to have been allocated yet as we were the first completing ( a successful outcome would be to have an apartment with a useable parking space fit for purpose). We bought on the basis that we would have a functioning parking space with the apartment
If they do not reallocate a 2.4m wide space are there any precedents that would suggest that we would have a case for mis-representation? (to either support the push to get a reallocated space or to initiate a case for representation as a last resort?. It looks like I have legal cover insurance cover that came with the property insurance that we took out if that was the only course of action left to us.
I received the a lease document and car park plan for signature on December 3rd 2020
The developer only allowed access to the block from the 11th December ( this is also the date we were first able to view the apartment and car-park).
We raised, with the sales office on the 11th when we met on site, that we hadn't been given any information as to what parking spot we had been allocated. The sales office told us verbally that it was No. 71 on the 11th December .
When we completed on the 16th December this was the first date we were allowed car access to the car park. This is what we found with used the car park space. When the adjacent parking space is occupied (70) BOTH DRIVERS door exits are blocked which ever way the cars are parked (either by a pillar or by the other car which ever way both cars are parked front/rear end in first).
The parking spaces are 2.4m wide when the line widths are measured. However the pillars are encroach into the spaces. The actual widths are 2.2m and 2.26m.
No measurements were ever provided at any time prior to completion and the only plan sent showing the car park is not accurate.
We've reviewed the Car Park Plan provided in the lease and the pillars are shown to be outside of the spaces 70/71, there are no measurements on the plan we were provided and there the plan provided is not printed to scale.
We also have now noticed this week that the lease parking plan should have been marked with what space allocated was the plot, but it isn't. Something I missed but also something my solicitor missed and the developer and the developers solicitor also missed! Which needs to be rectified but there may be a small element of grace, in that we haven't signed a document on which a particular parking space is shown. To ensure it doesn't create a problem when we come to sell we will get our solicitor to write to the developers solicitor flagging up the discovery. Which could prove interesting, if they send us a Plan which is the same as the original one we could flag up it's not accurate and can't sign it???? Or if they send a revised plan that is accurate we could say we can't sign it, its different to the one we signed before completion???
The questions is would I have a case to insist on a alternative space? there are other EV and non EV spaces that don't appear to have been allocated yet as we were the first completing ( a successful outcome would be to have an apartment with a useable parking space fit for purpose). We bought on the basis that we would have a functioning parking space with the apartment
If they do not reallocate a 2.4m wide space are there any precedents that would suggest that we would have a case for mis-representation? (to either support the push to get a reallocated space or to initiate a case for representation as a last resort?. It looks like I have legal cover insurance cover that came with the property insurance that we took out if that was the only course of action left to us.
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