Assignee and Leaseholder

masatoi

Hi,

I'm a leaseholder of a parking plot within purpose build flats.
The lease is under my name on Land registry.

However the Lease says

"The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."

Does this mean I'm not considered as a Tenant if I don't have a signed deed set out in the Second schedule? I'm the leaseholder stated in the Land registry.

The Lease states that the Tenant can park a car within the premises. But if I don't have a signed deed even though I'm the lease holder on Land registry I have no right to park a car there?

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The reason I'm asking is that I got sued by the car park management company and I defended as the Leaseholder so I have a right to park.

However at the court last week I was asked to show the "separate deed of direct covenant with the Management Company in the form set out in the Second schedule." but I forgot to take it with me so the judge decided my defence failed as I couldn't prove that I'm the leaseholder.

I did submit the land registry.

Your advice would be much appreciated.
Thank you

SmashedAvacado

You're asking us to say that the judge got it wrong?

You may have assigned in breach of the obligations under the lease. Which means whilst the assignment is registrable, it may have created remedies for the landlord.

G_M

"The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."

So the original tenant (leaseholder) sold (assigned) the lease to you. This was recorded by the Land Registry.

However the terms of the lease also required that you (the new leaseholder) "enters into a separate deed of direct covenant with the Management Company". This is to ensure that each new leaseholder is bound by the terms of the Management Company's contract. Fairly standard.

If you failed to do this, then the Management Company can, indeed should, (and has) enforce a parking violation on you.


On the other hand, if you did "enters into a separate deed of direct covenant with the Management Compan" but simply "forgot to take it with me", then the judgement sems harsh - did you not request an adjournement so you could go & fetch it?

masatoi

did you not request an adjournment so you could go & fetch it?

The judge rejected adjournment. Yes the judge was harsh.

I did enter into a separate deed. But I understand a new evidence can't be considered for appearing.

Do you reckon there is any other way to appeal the judgement?

I failed to show the deed and that was my fault but I've been the leaseholder for over 4 years and paid the rent for that period of the time. And the judge saw the lease was under my name on Land registry.

By just not showing the deed the judge decided to let the scammers earn money.