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

Lorian

I'm guessing the space 22 is there, but the flat is not number 22....

Smodlet

Lorian wrote: »

I'm guessing the space 22 is there, but the flat is not number 22....

... Then why would the OP want space number 22? Maybe it is her lucky number...

Lorian

Parking spaces don't have to have the same number as the flat they belong to.

westernpromise

Curiouser and curiouser.

So to recap:

• the agent said there is a space
• the vendor stated there is a space
• the lease states there is a space and numbers it
• there is no such numbered space in the garage area
• the spaces have all been recently renumbered

The question is why the renumbering removed space #22. The freeholder can't do that without agreeing a variation of the lease with the lessee (you or your predecessor). Presumably lessees can sell their slots but there would then be a newer version of the lease available at the Land Registry that would reflect this.

In the first instance I would

1. contact the freeholder (probably via the managing agent). Send them a copy of the relevant page of the lease and photos of the garage showing the non-existence of the slot mentioned, and ask them where your slot is.
   
2. ask your solicitor where the lease whose purchase he conveyanced came from. I thought these came from the Land Registry, in which case it's definitive and the issue is then what the freeholder has done with your slot. But I am wondering now if what you have is an out of date lease and there is a newer definitive one with no parking space. In that case, it's been sold or assigned elsewhere, but the vendor must have been aware of this.
   
3. Meanwhile go back to the vendor (through the agent if need be) and ask where s/he understands slot 22 to be, as there's a 21 and 23 but no 22.

Are all the bays definitely numbered in order?

Tiglet2

Since car parking space number 22 is mentioned in the lease, I would go back to your conveyancing solicitor to query it. Would it be possible that the owner of your flat sold the parking space separately?

westernpromise

Smodlet wrote: »

... Then why would the OP want space number 22? Maybe it is her lucky number...

The lease says hers is #22.

There could be more flats than parking spaces so the flat and bay numbers would not correspond.

Slinky

Lorian wrote: »

Parking spaces don't have to have the same number as the flat they belong to.

This is a sensible course of action for flats if you think about it from a security point of view.



If the flat numbers and parking spaces correspond, it's easy for a potential burglar to see that it's likely there's nobody at home if the space is empty. My neice lives in a flat with underground parking where the numbers relate to the original plot numbers, which now have nothing to do with the flat numbers in the building. Despite there being fob entry, it doesn't seem to stop the local low-life getting into the carpark, so the disconnect between the parking spaces and flat numbers is a good one.

muz3562

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."

What is actually shown by the coloured area on the plan mentioned ?



Is it just the whole parking area with all spaces coloured in or does it show a specific space coloured in ?



If It shows a specific space what is the number in that space in the actual parking area ?

Tiglet2

It won't be shown on the title plan, since the parking space is not mentioned in the title. However, check the Lease Plan - the lease mentions the space and it is numbered, therefore the position of the space should be shown on the lease plan.
The Lease is probably old, as it would be the original lease created for the first leaseholder.
However, updates to the lease should also be noted on the title register - look for any other deeds which are noted and dated on the register, such as a Deed of Variation etc. These are alterations to the original lease made after the original lease was granted.

steampowered

As your lease clearly says that you are entitled to a parking space, I would say this is a question for the freeholder (through the managing agent) in the first instance.