Rent out parking lot in lease hold property

Kynthia

Moving a partner in or even getting a lodger are not subletting as there is no lease. A lodger stays under license and a partner is a member of your household.

eddddy

Just to clarify, it seems that...

- You have bought a leasehold apartment with no allocated parking space.

- You now have the opportunity to buy a parking space - presumably on a separate lease.

It sounds like you are quoting from the lease of the apartment - which has no allocated parking space.

So why is a parking space marked in blue on the lease?

davidmcn

keymon wrote: »

I cannot give you the literal description right now, but the Premises mention the apartment itself, with its elements (windows, etc) and market in red.

Right, so not "the flat + parking lot" you said a few minutes ago? As above, are you sure the parking space is going to be included in the same lease rather than a separate one?

Maybe here is the catch, that I must sublet the Premises (flat) to dispose the right to park?

Paragraph 3 effectively prohibits you subletting or selling the parking space to anyone other than a tenant (or owner) of the flat. But it says "subject to" the previous paragraphs, and para 1 allows you to sublet the parking space provided you get consent. Which can't be unreasonably withheld. I have no idea whether there is any precedent about what "reasonable" objections might be, but perhaps they could argue that only occupiers of flats in your block ought to be able to use the car park?

keymon

davidmcn wrote: »

Right, so not "the flat + parking lot" you said a few minutes ago? As above, are you sure the parking space is going to be included in the same lease rather than a separate one?

Yes, you are right. I made a mistake there and I edited the comment to clarify it. Thank you for pointing it out.

davidmcn wrote: »

Paragraph 3 effectively prohibits you subletting or selling the parking space to anyone other than a tenant (or owner) of the flat. But it says "subject to" the previous paragraphs, and para 1 allows you to sublet the parking space provided you get consent. Which can't be unreasonably withheld. I have no idea whether there is any precedent about what "reasonable" objections might be, but perhaps they could argue that only occupiers of flats in your block ought to be able to use the car park?

That is interesting. So you think that clause 3 is not a categorical denial due to the "subject to", and that the same rules apply as per paragraph 1?

On the other hand Paragraph 1 says that I can ask for permission to sublet the only the Premises (flat), but not ask to sublet the Allocated Space (parking).

keymon

eddddy wrote: »

Just to clarify, it seems that...

- You have bought a leasehold apartment with no allocated parking space.

- You now have the opportunity to buy a parking space - presumably on a separate lease.

It sounds like you are quoting from the lease of the apartment - which has no allocated parking space.

So why is a parking space marked in blue on the lease?

I got a deed of variation that changes the definition of "Allocated Space". The Premises refers to the flat and the "Allocated space" is the parking. In the Deed of Variation I get right to use the Allocated Space. I guess that is why they have a different colour.

Also, when I said "buy a parking lot" I guess that actually I am paying for getting the grant to use the Allocated Space.

davidmcn

keymon wrote: »

So you think that clause 3 is not a categorical denial due to the "subject to", and that the same rules apply as per paragraph 1?

"Subject to" means that paragraphs 1 and 2 are exceptions to the general rule of paragraph 3.

Actually on thinking about it again paragraph 1 doesn't help you if the parking space isn't part of the Premises. So as currently worded, no, you can't sell or sublet the parking space to anyone other than a tenant or owner of the flat.

Not the best worded clause!

keymon

davidmcn wrote: »

"Subject to" means that paragraphs 1 and 2 are exceptions to the general rule of paragraph 3.

Actually on thinking about it again paragraph 1 doesn't help you if the parking space isn't part of the Premises. So as currently worded, no, you can't sell or sublet the parking space to anyone other than a tenant or owner of the flat.

Not the best worded clause!

Thank you, you did help me understanding these clauses.