Parking space misrepresentation in lease hold flat

huse_8

Hi there,

I bought a lease hold flat back in 2016 that was advertised on the estate agents site as having secure underground parking for one car. We asked in person and also have paper work the previous owner filled out that states this.

Fast forward to 2018 and after being given a parking ticket I've done some digging and now discovered that I do not have an allocated space.

I've spoken to some other owners and found that there are no guest spaces and every single spot was sold off plan for around £25,000. So essentially, if I came to sell at the same time as some one that does have a space, my flat would be worth significantly less.

So I'm wondering if any one out there as had any experience in trying to sue either a previous owner or an estate agent for misrepresentation after purchase?

I have no idea if I have a leg to stand on really, but had I have known this before purchase I would have offered at least 5% less of what I paid.

Would appreciate any advice!

Thanks

davidmcn

This is what your solicitor is for. Did they know you were expecting to get a parking space? Did they tell you what you were getting?

G_M

huse_8 wrote: »

I bought a lease hold flat back in 2016 that was advertised on the estate agents site as having secure underground parking for one car.

Meaningless.
What did you see when you read the lease you were buying? Did it include or exclude a space?



We asked in person and also have paper work the previous owner filled out that states this.

You may have a legal case against the seller if the categorically stated, in writing, as part of the contract (eg on the Lease Information Form TA10) that a arking space was included.


But even then, suing after 2 years? Possible but an uphill challenge.


Fast forward to 2018 and after being given a parking ticket I've done some digging and now discovered that I do not have an allocated space.

I asume youve dug out your lease!


I've spoken to some other owners and found that there are no guest spaces

Surely you knew this after 2 years living there?

and every single spot was sold off plan for around £25,000. So essentially, if I came to sell at the same time as some one that does have a space, my flat would be worth significantly less.
Yes I imagine so.


So I'm wondering if any one out there as had any experience in trying to sue either a previous owner or an estate agent for misrepresentation after purchase?

As I said, owner perhaps if you have enough evidence. Estate agent no.

Did you explicitly ask your solictor in writing to confirm a parking space was included?
If so, did he explicitly say yes (in writing)?
If so, you may have a case against your solicitor.


But unless you asked, how would he know you were expecting a space, so he would not check, other than to pass you the lease to review - which presumably you failed to do.............

huse_8

Thanks for the replies.

The reason we hand't noticed for two years is that we'd been using the car park for guests with no problem for two years, then they put parking restriction notices up last month requiring permits.

The solicitor had pointed out that there was no mention of allocated parking but that the parking area was part of the common grounds. Hence us not worrying about a specific spot and presuming we can use.

So yes, certain amount of naïvety at my end for not explicitly asking for legal confirmation around allocated parking form solicitor, but as first time buyers we presumed that after seeing confirmation in the Lease Information Form, and what our solicitor had pointed out about the common grounds it should be fine to use the parking area.

Sounds like my only course of action would be through the previous owner and incorrect information on the TA10 form.

tlc678910

Can you try to challenge the need for permits in the guest parking if your lease says it is common ground for all the flats to use?

EmmyLou30

So if all the spaces are owned by certain flats, how have you been getting away with parking in one of their spaces all this time!? Or did you happen to pick an unused space and got lucky?


If your lease says you don't have the lease of a parking space then sounds like you're out of luck, you should have checked a parking space was included if you owned a car. Sorry to sound blunt but that's the reality.

getmore4less

Don't do anything with the parking invoice(they are not fines) untill you have read this board in depth staring with the stickies.

https://forums.moneysavingexpert.com/forumdisplay.php?f=163

davidmcn

huse_8 wrote: »

as first time buyers we presumed that after seeing confirmation in the Lease Information Form, and what our solicitor had pointed out about the common grounds it should be fine to use the parking area.

But you didn't actually check this with anyone? I'm not sure why you thought you were getting an allocated space if your solicitor told you that you weren't.

huse_8

No we didn't think we had an allocated one, just free use of car park as that's what we'd been told. The garage is permanently half empty which makes it more frustrating. Very easy with hindsight to see I should have gotten more clarity.

Thanks will look into the parking tickets forums as well.

G_M

huse_8 wrote: »

The reason we hand't noticed for two years is that we'd been using the car park for guests with no problem for two years, then they put parking restriction notices up last month requiring permits.

Sounds like the freeholder/management company decided to introduce stricter control (perhaps following complaints) because people were using the car park without permission or rights........

thelem

huse_8 wrote: »

I've spoken to some other owners and found that there are no guest spaces and every single spot was sold off plan for around £25,000.

huse_8 wrote: »

The reason we hand't noticed for two years is that we'd been using the car park for guests with no problem for two years, then they put parking restriction notices up last month requiring permits.

These statements contradict each other. Are there guest spaces or not? Do the spaces that you used to park in look any different to ones that you know are allocated to a specific flat?


If the carpark is usually half empty, could you buy or rent a space off someone who doesn't use it?