Repo Flat - how to check Parking?

cohl123

Update... so my solics don't know! and are doing digging but only through the banks solics (why can't they ring the prop man directly?). I read it through with the legal assistant and she said there wasnt enough to say it did have parking, yet the senior case manager claims:

The designated parking space is refferred to in clasues 1 and 8 of the lease. However, we do not have any further information as to which desinated space relates to this property. We will endeavour to enquire of the sellers solics but as they as selling as mortgagees in possession they will have linited knowledge and can only rely on info in their possession.

My thoughts:
1) im now solics but it sounded to vague to have parking. our first thought was it did have parking but no allocated bay. This cannot be possible as i rung someone renting out his space from gumtree and he said all fobs were tired to a bay (theres 60 odd bays for 98 flats)

2) the sellers solics can just do not digging and not answer can they not?
3) can my solics speak to the prop man directly? I dont know get they the propman can 'confirm it has parking' to me but not give me anything else in terms of lease/bay/details.

eddddy

Hi cohl123

Just a few thoughts...

The normal procedure is that the seller's solicitor (i.e. the bank's sol) would get this resolved with the property mgmt co. (And the mgmt co might even charge the bank for answering the questions.)

In my experience, mgmt cos may refuse to speak directly to prospective buyers and their sols. And even if they did, you could not rely on what the mgmt co said, as they are not a party in the sale/purchase contract.

It's possible that the end result will be that the bank's sol say "we've tried to find out but we don't know" - and you will have to decide whether to proceed or walk away on that basis.

These are the types of challenges you can face with a repo property - others include not knowing about neighbour disputes, flooding history, building regs/fensa compliance etc.

ognum

cohl123 wrote: »

Update... so my solics don't know! and are doing digging but only through the banks solics (why can't they ring the prop man directly?). I read it through with the legal assistant and she said there wasnt enough to say it did have parking, yet the senior case manager claims:

The designated parking space is refferred to in clasues 1 and 8 of the lease. However, we do not have any further information as to which desinated space relates to this property. We will endeavour to enquire of the sellers solics but as they as selling as mortgagees in possession they will have linited knowledge and can only rely on info in their possession.

My thoughts:
1) im now solics but it sounded to vague to have parking. our first thought was it did have parking but no allocated bay. This cannot be possible as i rung someone renting out his space from gumtree and he said all fobs were tired to a bay (theres 60 odd bays for 98 flats)

2) the sellers solics can just do not digging and not answer can they not?
3) can my solics speak to the prop man directly? I dont know get they the propman can 'confirm it has parking' to me but not give me anything else in terms of lease/bay/details.

What type of solicitor are you using? It sounds to me that you are reading a budget conveyance firm and this is not the right way to go when dealing with a purchase like this. Use a goof firm of well qualified solicitors.

cohl123

That doesn't fill me with confidence . They are a local legal firm. I went through Fridaysmove - but they are still a local solics. She said it took a full day to make sense of the lease and that I was ambitious as a FTB to go for a repo.

The clauses in the original lease are unclear; and my solics are trying to sort this with the sellers solics. The clauses are below (and seem to indicate parking but not which space). What do you make of the below.

Rights to the tenant
1) The right for the tenant at all times and for all purposes incidental to the occupation and enjoyment of the property to pass on foot only over the entrance halls lifts staircases landings and walkways in the Common Parts giving access to the Property or to the communcal cycle store bin stores meter stores and landscaped coutyard together with the right for the Tenant to pass with or without motor vehicles laden or unladen over the vehicle entrances and the car park in the Common Parts giving access to his designated car parking space (subject to the provisions of para 7).

7. Not to leave or park or permit to be left or parked any motor vehicle on any part of the Common Parts other than the Parking Space nor to do anything which would obstruct the easy access over the same.

8. The exclusive right for the Tenant to park one private motor vehicle in such car parking space in the Common Parts as the Landlord may from time to time designate and notify to the Tenant in writing subject to the obligation contained in para 7.

Clear as mud? In my limited knowledge that would indicate a space; but in the signed car parking plan there is no bay allocated.

Opinions very much appriciated!

ethank

On my old flat - the title documents at the land registry said 'Flat X, Address, Town, County, Postcode and parking space'.

cohl123

the register of title document doesn't have any mention of parking :S

the first point under A: Property Register states

the leasehold land shown edged with red on the plan of the above title filed at reg being appartment ****. Note: only the **** floor is inc in the title.

There are 2 x plans in the lease:

1 - flats - and the one im buying is edged in red
2 - car parking plots - signed but nothing edged in red.

ognum

cohl123 wrote: »

the register of title document doesn't have any mention of parking :S

the first point under A: Property Register states

the leasehold land shown edged with red on the plan of the above title filed at reg being appartment ****. Note: only the **** floor is inc in the title.

There are 2 x plans in the lease:

1 - flats - and the one im buying is edged in red
2 - car parking plots - signed but nothing edged in red.

It also have a flat with a designated and marked parking space on the LR documentation.

The flats don't seem to work this way and it appears to be a free for all but there are always parking spaces, if my tenant ever complained they could not get a parking space I would go to the management group and insist that allocated parking was honoured.

cohl123

ognum wrote: »

It also have a flat with a designated and marked parking space on the LR documentation.

The flats don't seem to work this way and it appears to be a free for all but there are always parking spaces, if my tenant ever complained they could not get a parking space I would go to the management group and insist that allocated parking was honoured.

Hi! that's reassuring - could you provide some clarity on your situation - you say it is Marked on your documentation? But you don't have an allocated bay? I don't really understand the free for all situation - especially as the guy i phoned on gumtree said he had an allocated space that was tied to his keyfob (as he was sub letting a specific space out)

ognum

cohl123 wrote: »

Hi! that's reassuring - could you provide some clarity on your situation - you say it is Marked on your documentation? But you don't have an allocated bay? I don't really understand the free for all situation - especially as the guy i phoned on gumtree said he had an allocated space that was tied to his keyfob (as he was sub letting a specific space out)

The situation with the flat is that I own it and purchased it with tenants in situ who are still there.

The LR documentation shows the flat and a specufic parking Soave marks on the plan, however, both the vendor, the EA and the tenants say that no one uses a particular space they use whatever is available and there is never a problem getting a space.

This situation appears to work for all the people in the flats, they all seem to be happy, I don't live there so as long as my tenants are happy it's fine with me. However I am happy to have the documentation that shows the allocated space I have purchased.

If in time an issue develops over parking I will claim my space as I know which one it is and add some type of locking pole device to prevent others parking there

cohl123

interesting! thanks - solics are still confirming which specific bay it relates to.

legal term is 'lease holder' decides/can change mind - however I would expect a specific bay.