Change of parking space on completion day!

dan96

Hi all,

After a 13 month delay, we finally got the keys to our new build flat this afternoon.

We paid £15,000 for an allocated parking space. On exchange, and also again at completion, we signed the attached parking plan and we were allocated parking space 4 (highlighted yellow). When we arrived today they told us that isn't our space and instead the space we have is what I have highlighted in red. Firstly, anybody can park there whereas in space 4 there is a shutter and secondly I am not happy with the location of the space.

My solicitor has emailed their solicitor and waiting for a response but he said he has never had it happen before. Does anybody have any advice on what I can do/ what is likely to happen if they won't give me space 4?

Thanks in advance.



https://imgur.com/FhdNNn1

davidmcn

Does your contract give the developer any power to amend the parking space?

dan96

This is the only clause in the contract itself which mentions parking, but I don't see this particular clause as relevant...?:

Subject to clause 3.5 the Seller shall be entitled during the course of construction without obtaining the approval of the Buyer and without any right of compensation or rescission accruing to the Buyer (with the consent if required of the local authority or the Warranty Provider) to make such variations to the Specification, layout plan and materials used for the Property (including any balcony or parking area) as shall be found by the Seller to be necessary having regard to the cost or availability of materials or labour or the requirements of the local authority or the Warranty Provider or any other circumstances beyond the control of the Seller.

The lease says:

- Parking Space means the parking space allocated by the Landlord from time to time at the date of this Lease being that shown edged in blue and numbered 4 on Plan.
- Not to park or to permit or suffer any occupier of the Premises to park any motor vehicle on any other parking space in the Building, save as may be allocated for use in connection with the Premises.
- Not to park or to suffer or permit to be parked upon the Parking Space any vehicle other than a private motor car or such other motor vehicle as may be first approved in writing by the Landlord acting in its absolute discretion.

Thanks for your quick reply

G_M

Looks like you are stuffed!

the Seller shall be entitled during the course of construction ... to make such variations to the Specification, layout plan and materials used for the Property (including any balcony or parking area)

Slightly ambiguous. Does this mean
a) variations can only apply during the course of construction, or
b) as I believe, variations can be made during the course of construction and apply thereafter ?


If b), then it gives the seller the right to change the layout of your parking.

Parking Space means the parking space allocated by the Landlord from time to time at the date of this Lease being that shown edged in blue and numbered 4 on Plan.

So at the time the lease was created, you were allocated space 4.
However, the landlord can "from time to time" allocate whatever space he chooses.

dan96

I signed at exchange last year. I was then asked again to sign it just two weeks ago... nooooooooo!

davidmcn

dan96 wrote: »

the parking space allocated by the Landlord from time to time

Ok, so the landlord can change your parking space whenever they want.

dan96

I can't believe this. I wouldn't have picked that up. My solicitor didn't pick it up in my contract report. Do I have a case at all?

G_M

dan96 wrote: »

.....My solicitor didn't pick it up in my contract report. Do I have a case at all?

Line one in post 4 above...

gozaimasu

Well if you're stuffed then I'd force them to

a) give you space 4 (who else did they give it to?!)
b) tell them to install shutters on your space or stop completion
c) make your "new space" a proper space by stopping anyone else from parking there. Your new space looks quite good though a lot wider and more space to open doors etc on either side due to the disabled spaces.

davidmcn

gozaimasu wrote: »

Well if you're stuffed then I'd force them to

a) give you space 4 (who else did they give it to?!)
b) tell them to install shutters on your space or stop completion
c) make your "new space" a proper space by stopping anyone else from parking there. Your new space looks quite good though a lot wider and more space to open doors etc on either side due to the disabled spaces.

They can't "stop completion". Completion has already happened. I don't see the OP having much negotiating power here.

Norman_Castle

We paid £15,000 for an allocated parking space

I'd certainly expect that back. Ask why ownership of the space has changed, has it been sold to someone else? The agreement seems to state they can make changes for financial (presumably build costs) or practical (building or planning requirement) reasons. Presumably the physical space hasn't changed so why has the ownership changed. Has another flat purchased later than yours been allocated the space to sell that property?

Subject to clause 3.5 the Seller shall be entitled during the course of construction without obtaining the approval of the Buyer and without any right of compensation or rescission accruing to the Buyer (with the consent if required of the local authority or the Warranty Provider) to make such variations to the Specification, layout plan and materials used for the Property (including any balcony or parking area) as shall be found by the Seller to be necessary having regard to the cost or availability of materials or labour or the requirements of the local authority or the Warranty Provider or any other circumstances beyond the control of the Seller.

How has this been necessary or beyond their control?