Can new freeholder sell visitors parking bays

daisy1237

We own a leasehold flat in a block of 10. We have been given the opportunity, as a group, to purchase the freehold. After due consideration and weighing up pros and cons we have decided that we do not wish to participate.

It appears that there may be a majority of leaseholders who wish to proceed. The block has designated parking spaces and 4 visitor parking bays which have been available since we purchased the flat as a new build about 10 years ago.

In the event that the acquisition of freehold goes ahead, can the new landlord sell these spaces? It has been mentioned and I can see the incentive for them - it would go some way to offset their outlay. But we could be disadvantaged if visitor cars are driven (excuse pun) to park in road, on kerbs etc. We all know what a hot potato parking issues can be!

We would welcome advice.

eddddy

It depends on what it says in your lease.

If the lease says something along the lines of 4 spaces being made available for visitors to the bock, the freeholders can't change that - unless you agree.

Doozergirl

Those visitor spaces may be a condition of planning approval. I'd have a look at the planning application and approval notice. If it's a small development it might be online.

daisy1237

I've had a look through the lease, the landlord has absolute discretion to remove visitor parking spaces!!

Not what we wanted to learn really. Good point re planning approval, we'll check that.

Does anyone know what the going rate is for a parking space in Sussex?

david1951

See https://www.yourparkingspace.co.uk

Obviously it depends on location. Central Brighton is upwards of £180 a month, whereas other parts can be as low as £30 a month.

If it's near a station to London then these can go for £5-10 a day.

AdrianC

daisy1237 wrote: »

I've had a look through the lease, the landlord has absolute discretion to remove visitor parking spaces!!

Not what we wanted to learn really.

So revisit the decision to buy the freehold between you...?

Good point re planning approval, we'll check that.

Even if it was, how long since the permission was granted? Breaches of permission cannot be enforced after a few years.

Guest101

I'd be interested in the legal formalities.


Who's responsible for maintenance vs where the income goes.


So at present you jointly pay for the use of the spaces via your service charge, if these are sold or rented out - presumably the maintenance would fall solely to the freeholder.


then there's enforcement. Are they planning to bring in a PPC?

daisy1237

Discussions are at very early stages and interested parties are throwing all sorts of suggestions around. We don't really feel they have a good grasp of what's involved. But maybe they do!

I imagine if the spaces were sold, or rented, the income would go to those leaseholders who shell out for a share of the freehold. And I would also expect an adjustment to our management costs.

Could you explain what you mean by PPC please Guest101?

AdrianC

daisy1237 wrote: »

Could you explain what you mean by PPC please Guest101?

He means a private parking company.

Do you already have resident permits for the spaces?

daisy1237

We've never had permits. The visitor spaces are first come first served and there have never been any issues in all the time we've lived here. It's not an area that would attract anyone other than residents or their visitors.

NeilCr

Guest101 wrote: »

I'd be interested in the legal formalities.


Who's responsible for maintenance vs where the income goes.


So at present you jointly pay for the use of the spaces via your service charge, if these are sold or rented out - presumably the maintenance would fall solely to the freeholder.


then there's enforcement. Are they planning to bring in a PPC?

If they were sold would there would be any responsibility for ongoing maintenance or enforcement for the freeholders?. They wouldn't be theirs any more. Or am I missing something?