Change of parking space on completion day!

Slinky

Given what they've done, could they technically have allocated you a completely different flat on completion day as well and not expected you to be unhappy with it?


ETA is anybody parked in space 4?

davidmcn

Slinky wrote: »

Given what they've done, could they technically have allocated you a completely different flat on completion day as well and not expected you to be unhappy with it?

The "allocated from time to time" bit quoted only relates to the parking space. We haven't seen the rest of the lease but it's improbable that the landlord could similarly require you to shift flat whenever they fancied.

AdrianC

Slinky wrote: »

Given what they've done, could they technically have allocated you a completely different flat on completion day as well and not expected you to be unhappy with it?

No. The parking space is an ancillary detail - and if the OP didn't agree with the contract allowing the right of changing which space was allocated, he didn't have to buy the space.

DoaM

Cynic mode ... someone else has offered the developer more money for a parking space in that location so they've bumped the OP elsewhere.

pinkshoes

Did the £15k you paid for an allocated parking space refer to a secure space with shutters in a specific location?

I would be arguing that their change of space is not acceptable, their T&Cs are ambiguous, and that you want the original space as agreed or significant financial compensation.

If there was a possibility of the parking space changing from secure to open where anyone can use it, then this needed to be clear in their T&Cs

dan96

Having just spoken to my solicitor he seems to think that there is nothing in either contract or lease which gives them the right to change the space and the circumstances are not sufficient In this case. Awaiting a response from the sellers solicitors.

davidmcn

pinkshoes wrote: »

If there was a possibility of the parking space changing from secure to open where anyone can use it, then this needed to be clear in their T&Cs

It doesn't, because there don't appear to be any criteria stated in the Lease. If the OP wanted to try adding some, they should have negotiated that before signing the contract.

It seems that the developer is complying with their side of the deal, and the OP's grievance is more likely to be with their solicitor if they hadn't properly explained what the lease meant.

HCIMbtw

davidmcn wrote: »

But the lease does.

So are they just!leasing the space then? what did they pay £15,000 for then if not purchasing it

As an aside if you do not have legal recourse you might want to raise the matter with somebody like the Guardian for follow up on their consumer action threads, a bit of media interest/support could!help as it feels like a right swindle

AdrianC

HCIMbtw wrote: »

So are they just!leasing the space then? what did they pay £15,000 for then if not purchasing it

Of course an allocated parking space is not going to be freehold...

princeofpounds

I would just hold off with the certainty in the arguments here... yes, it's quite possible the OP is stuffed... some of what we have read seems to indicate that. But we don't know that, despite the extracts that we've seen. The legal situation might change based on details we don't know, or the full context in which the extracts we've seen are held, which we also don't know.


Clearly their solicitor thinks they have a case (in particular on the grounds of sufficient cause, which one of the earlier posters in the thread pointed to). They may be wrong, but let's see what the discussion between the two sets of solicitors throws up.