Move to allow parking only for owner occupiers in a flat block

NeilCr

IamEmanresu wrote: »

Your missing the point @NeilCr. Each individual leaseholder has an individual contract with the Head Leaseholder which can only be varied if they meet the statutory requirements as laid down.

The canvassing looks like they are testing for that requirement but they cannot legally vary without meeting the criteria. To do so would remove a valuable right and so cause a loss that is actionable.

Being able to park on someone else's land (the highway) is not a substitute for any rights in a lease.

It's been known. Me missing the point that is!

I still think there is a lot of difference here between the case you cited and OP's situation. In the Gordon case the lady had a right to a parking space granted to her in the lease that was taken away. Here there is nothing in the lease and the chance of getting a parking space. I get that this is still a detriment but whether that is substantial enough to quote the 5% rent loss or to win at Tribunal I don't know. A few people's view on the housing forum was that they could do it because of the silence of the lease.

Take your point about the parking on the highway and, yep, could be canvassing. Particularly, given the comment made by the MA about directors considering the situation after the vote. On the other hand they may just be gauging the response to see whether it's worthwhile doing. I definitely don't like the idea - as I said looks like they are banking on it not bothering a lot of the owners and their inertia re the day to day running of the estate

Back to getting the other owners on board!

Thanks Ian

Coupon-mad

Love the way IamEmanresu gets called Ian by posters! He's not called Ian...!

NeilCr

Coupon-mad wrote: »

Love the way IamEmanresu gets called Ian by posters! He's not called Ian...!

Oops!

Mea culpa.

:rotfl::rotfl:

Plus I am old and my eyes have gone!

:cool::eek: