Brought a flat on the assumption it has a parking space when it doesn't!

eddddy

.... and I guess you've checked your lease, and it doesn't mention an allocated space?

westernpromise

eddddy wrote: »

Anything in the EAs property description, emails (or letters) from the seller or EA, things the seller or EA said, won't be part of the contract.

I'm not sure that's true. My recollection of this is that anything said to induce a contract forms part of it. EAs would obviously like to disclaim this.

If the property information form said there would be a space and there isn't, then the vendor has not actually performed the contract.

ChloeLangford

eddddy wrote: »

Do you mean a document that you received from your solicitor?

Perhaps the seller's answer to TA6 Property Information Form question 9.1?...



If so, that forms part of the contract, so you might have scope to claim damages from the seller for misrepresentation - if the information given is misleading.


BUT... it'll only be part of the contract if it came via your solicitor.

Anything in the EAs property description, emails (or letters) from the seller or EA, things the seller or EA said, won't be part of the contract.

Hi eddddy,

Completely correct. In the TA6 Property Information Form question 9.1 that I received from my solicitor the Seller has stated "Designated parking space in garage"

Lysimache

1. That it's included in the Seller's Forms rather than just something they said verbally might be very much in your favour re claim for misrepresentation.
2. Pop round and count all the parking spots - is there one extra? Also, you could ask to see the leases of the other properties - if they don't mention a parking spot either, how do you know no-one has allocated parking in the block and everyone's just 'nabbed' a spot?

3. What would happen if you parked your car in someone's else spot? Is there a parking enforcement officer?

Smodlet

Then I think the seller has lied to you. Please come back and tell us what happens as your experience could be very helpful to others in the same or a similar situation. Good luck to you. Have 'em!

Tiglet2

During the course of the transaction you would have received a copy of the Register of Title. Does it say in section A: Property Register, "the Leasehold land shown edged with red on the plan of the above title filed at the Registry and being 11111 ABC Road, BR1 1AB and parking space?". Sometimes it will state the number of the parking space, sometimes not. Sometimes the parking space may not be part of the title if they just allocate on a first come first serve basis, but there should be information about this in your lease.

If the parking space is not mentioned in the title, then one does not come with the property. But read your lease and see if there are any paragraphs relating to parking.

ChloeLangford

Tiglet2 wrote: »

During the course of the transaction you would have received a copy of the Register of Title. Does it say in section A: Property Register, "the Leasehold land shown edged with red on the plan of the above title filed at the Registry and being 11111 ABC Road, BR1 1AB and parking space?". Sometimes it will state the number of the parking space, sometimes not. Sometimes the parking space may not be part of the title if they just allocate on a first come first serve basis, but there should be information about this in your lease.

If the parking space is not mentioned in the title, then one does not come with the property. But read your lease and see if there are any paragraphs relating to parking.

Hi Tiglet2,
To confirm it just says "the Leasehold land shown edged with red on the plan of the above title filed at the Registry and being" with only my address, and not "with parking" So looks like the parking is not included.

ChloeLangford

ChloeLangford wrote: »

Hi Tiglet2,
To confirm it just says "the Leasehold land shown edged with red on the plan of the above title filed at the Registry and being" with only my address, and not "with parking" So looks like the parking is not included.

To add to this I have found the following in my lease that states I should have a parking space no. 22! Does this mean I should definitely have a space?! My lease states "5. The exclusive right to park a private motor vehicle in the car park parking space no. 22 in the basement of the building and coloured in blue on the plan no. 3 annexed hereto."

Smodlet

ChloeLangford wrote: »

To add to this I have found the following in my lease that states I should have a parking space no. 22! Does this mean I should definitely have a space?! My lease states "5. The exclusive right to park a private motor vehicle in the car park parking space no. 22 in the basement of the building and coloured in blue on the plan no. 3 annexed hereto."

Yet "the car park parking space no. 22 in the basement of the building and coloured blue on the plan no. 3 annexed hereto" does not exist? If so, it would seem you have been sold something which does not exist. I would speak to your solicitor now and ask how they could miss such a thing.

westernpromise

Chloe

In that case the lease may be at odds with the Land Registry record. The fact that the lease does say you get to use slot #22 is very helpful though.

It seems possible that the vendor and EA informed you correctly in that they've sold you a lease that includes a numbered spot. It could be that someone else is squatting in your space pro tem or it has been renumbered. That can only have been done by the freeholder so an inquiry to them is your first port of call.