Just moved in, parking problems

olive84

Hi guys, we completed last Monday, thinking that all the drama would be over. Sadly not. We moved into a converted buiding, with 4 flats and a driveway with space for 3 cars. We made sure that we had a parking space in the lease.
On Tuesday the guy above came down and quite aggressively asked me to check that I've got a space in my lease. I told him we did. He said that he's been having an argument with the basement flat, and that she was parking in his space, but the problem was that it wasn't in his lease. I've spoken to the girl in the basement and she's extremely nice and polite. She has a car, which the previous owner didn't, and she has a space in her lease. The guy on the top floor doesn't own a car, and because the basement flats previous owner didn't have one he has always assumed that the space was his. He has now got his sister, who lives round the corner to park in the space, and her car has been there for 3 days now without moving.
So basically there are 3 spaces, 3 spaces allocated in 3 leases, but the 1 flat without one is throwing a hissy fit and using a space that doesn't belong to him. Now I'm worried that when we go out and come back there won't be anywhere to park. This is a particular problem for my OH, who would like to bring his disabled sister to visit, and would need to park on the drive. This is a busy London street, and there is no other parking nearby. So what do I do? At the moment the parking is unallocated, what I would like is for the freeholder to mark the spaces so there can be no confusion, but I don't want to get involved in any sort of dispute. Hope that made sense, and that someone can help.

NOVASTAR

Hi olive84!
Thats not very nice to have to deal with right after moving in.
The parking spaces should be marked as allocated to each flat to avoid all this in the first place.
Do you have a management company you could approach as really it should be them who sorts out this dispute.
If not, perhaps you could call a residents meeting to sort this out. It is YOUR space after all and you should be able to know that it will be vacant for when you need to park.
Good luck

wecanhelpu

As novastar says, try to sort it out with the management company first.

If this doesn't work, then try something like this

http://www.hexasports.co.uk/barrierposts.asp

http://www.avonlion.co.uk/prod05.htm

missile

What a nightmare, sounds like a neighbour from hell, except he is from above not below!

olive84

Thanks for your replies, there isn't a management company, just a freeholder. I did think about getting him involved, I'm just unsure as to what qualifies as a dispute when it comes to selling again. I suppose if it all got sorted out it would be worth it. This guy is directly above us though, and I'm worried that he could make our lives difficult with noise. Was woken up at 4am on Saturday with music. wecanhelpu, the barriers are a brilliant idea as a last resort, do you think we would need to get permission for this as the spaces are unallocated?

Mutton_Geoff

I remember the pride of buying my first detached house back in 1983 was runined by the neighbour from hell. The furniture lorry parked outside the house on the shared drive to unload all my stuff and the neighbour knocked at the door (I thought to welcome me).

He asked the truck to move off the driveway immediately, to park over the road in a cul de sac and carry everything over the (main) road. He didn't want to get in or out, just being bloody minded. I was pleased to hear of his divorce a few months later and see the For Sale board up on his house, but unfortunately the new neighbours were worse! They even complained when I washed my car on my own bit of drive and water ran across to the shared section!

When I moved from there 10 years ago, a big driveway was high on the criteria and now I'm pleased to be able to fit 6 cars on the drive with another 3-4 on the street outside without any complaints! (Note to MSE's, I do only have ONE car but like the space!)

wecanhelpu

As far as I'm aware, planning permission is not needed for these types of posts. But obviously you need to check with your LA before installation.

when you sell the property there shouldn't be a problem because there is no dipute - the parking space is yours (and ownership would pass to you buyer)

olive84

Thanks, that makes me feel better. I think I will ask everybody to get together and see if we can sort it out that way. If not I will ask my solicitor to go to the freeholder. On a seperate note, the freehold is up for sale, and we are all interested in buying our share. The top floor has made remarks to the girl in the basement that when 'he owns the freehold' he will take away her parking space. Am I right in assuming that a freeholder can't change the terms of the lease to suit himself? Especially if we all own a share. AARGH, the whole thing is so frustrating!

As for planning permission, we live in a conservation area, so I will definately check with the LA if we decide to go down that route.

wecanhelpu

Good luck.

hope everything works out well

olly300

OP check your lease for restrictive covenants.

In many properties that are flats there are clauses that you cannot cause a nuisance to your neighbours. Some of the clauses are written to be generic (covering all problems) whilst others are written to only cover noise and businesses.

If you have such a covenant it is worth telling your neighbour politely that you are going to inform the freeholder about him breaching his lease before you take such action. (It's worked in the flats I've lived in to stop people dumping large items of rubbish.)

And no the guy cannot take away the girl's parking space. Also if you buy the freehold as a group, you will probably have to set up a management company to administrator it.

Contact lease-advice.org for more information.

grade15

i thought this was a simple matter..

1) ask top flat guy..is this parking space your and in your lease agreement.

2) ask bottom flat girl.is this parking space your and in your lease agreement.

who ever says NO..problem solved..