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Disgruntled car parking space owner

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vodkadrinkingstudent
vodkadrinkingstudent Posts: 2 Newbie
Hello

Not sure if anyone in here can help?? Our landlord bought a car parking space under our block of flats alongside the purchase of the flat (for an additional fee). Today the building management company are enforcing a restrictive covenant that no commercial vehichle, van, truck, caravan or boat can be parked in these spaces. While i can understand trucks, caravans and boats, the van part seems over the top. My partner has a small van (smaller than most 4x4s and estate cars) and has been using the space as a secure means of parking, he is a decorator so doesnt like leaving on the street.

Can the management company enforce this, or is this an unfair term?? Or can our landlord get a refund of 10k that they spent on it (i'm guessing not)????? :confused: All help greatly appreciated.

ps... no longer a student but hard working member of society, cant change my user name!!
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  • Biggles
    Biggles Posts: 8,209 Forumite
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    The covenant must have been in existence at the time, and the landlord knew of it - indeed, signed up to it - when he bought the flat. So I would doubt he can get a refund.
  • EliteHeat
    EliteHeat Posts: 1,382 Forumite
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    So, the people with vans are good enough to build the flats but not good enough to live in then. Charming.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
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    EliteHeat wrote: »
    So, the people with vans are good enough to build the flats but not good enough to live in then. Charming.

    Did the builders of Buckingham Palace ever live there??
    "You were only supposed to blow the bl**dy doors off!!"
  • EliteHeat
    EliteHeat Posts: 1,382 Forumite
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    Did the builders of Buckingham Palace ever live there??

    What an excellent point and one that will resonate with most flat dwellers in their exclusive, executive, luxury, sought after homes.
  • dander
    dander Posts: 1,782 Forumite
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    Wow, that has got to be one of the most pointless rules I've heard of. I can slightly understand why some people don't like to see huge commercial vehicles parked in residential streets, but does anyone really care what's parked in a car park? It's not like it's a scenic area in the first place.
  • Pssst
    Pssst Posts: 4,803 Forumite
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    Is it a commercial vehicle or is it a car derived van?
  • AdrianW2
    AdrianW2 Posts: 416 Forumite
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    Is the restrictive covenant passed on in the lease? If not it's your landlord's problem not yours, short term. Long term your landlord will have to solve it by evicting you, so not very helpful.

    How long have you been using the space? If a restrictive covenant has been ignored for a long time then it can't be enforced.

    Similarly there is very little the original owners can actually do to enforce the covenant unless they've actually suffered some monetary damage.

    For a contrasting perspective, I've been in a flat where one of the owners sub-let his parking space to the local odd-job man, who rocked up at all times of the day and night with the van stereo on full blast and parked his transit, which didn't fit in the space, so everyone else had to do seven point turns to get out of their space.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
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    Why are the managing agents enforcing the covenant? Are these very small spaces, have there been complaints from other leaseholders for some reason?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • withabix
    withabix Posts: 9,508 Forumite
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    Someone may have complained.

    If they have, the managing agents have a duty to enforce the Covenant.

    Many housing estates have identical Covenants.
    British Ex-pat in British Columbia!
  • buglawton
    buglawton Posts: 9,235 Forumite
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    Wait till there is an actual complaint and see if anyone is serious about enforcing the deal. Even a Mini with an estate Agent's livery would be banned if you want to be strict! Then sell the van & buy a massive 4x4 (they are cheap used at the moment), have rear windows tinted for security and away you go.
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