Car park

tiff11

I have rented my flat to one tenant and did not include car park in the contract. So can I let out my car park to a different person? The lease contract of the property does not mention anything about the car park. My brother is been using the same car park but one of the flat mate who lives in the property had issues with it and said he will report it to the management company.

AnotherJoe

Depends on your exact lease agreement. 

AdrianC

Careful, there's a lot of opinion on another thread at the moment that you cannot rent the property without the garage being automatically included...

Comms69

AdrianC said:

Careful, there's a lot of opinion on another thread at the moment that you cannot rent the property without the garage being automatically included...

Whilst i understand the argument people had in that thread, it's obviously incorrect. If one can let rooms in a property, one can definitely exclude a garage

silvercar

You could choose not to include the car park in the rental agreement, but you need to check the rules put in place by the managing agent. There may be rules that the car park spaces can only be used by residents and can't be leased separately. 

SpiderLegs

AdrianC said:

Careful, there's a lot of opinion on another thread at the moment that you cannot rent the property without the garage being automatically included...

No there isn’t. You’ve completely made that up 🤣

tiff11

AnotherJoe said:

Depends on your exact lease agreement. 

Yes, I’ve read it and emailed management company to clear this out but haven’t heard from them yet.

tiff11

AdrianC said:

Careful, there's a lot of opinion on another thread at the moment that you cannot rent the property without the garage being automatically included...

Well, it’s not the tenant who has issues it’s another guy who lives in the same building who has got issues with it, as he wants to park his car in the car park which is been allotted to my flat.

oldbikebloke

tiff11 said:
Well, it’s not the tenant who has issues it’s another guy who lives in the same building who has got issues with it, as he wants to park his car in the car park which is been allotted to my flat.

then, as mentioned, check with the management company and your lease what it says about the parking spaces. You need to be sure what "allocated" means in your context: 

•  first come, first served, even if there are say 10 flats and 10 spaces so you do not have a specific space that is "yours" to use or leave empty?
•  reserved for specific flats (Is there physical evidence of that, eg. numbers painted on the spaces?)
•  reserved for resident use only, so non residents cannot use even if you have let out "your" space ? (How is that enforced, barrier entry? permit displays?)
• are you allowed to let the space independently of the flat?

NameUnavailable

tiff11 said:

AdrianC said:

Careful, there's a lot of opinion on another thread at the moment that you cannot rent the property without the garage being automatically included...

Well, it’s not the tenant who has issues it’s another guy who lives in the same building who has got issues with it, as he wants to park his car in the car park which is been allotted to my flat.

Eh? Is he saying it's his space? Does your agreement state which space is yours? Why does he think he has any right to park in your space? Presumably he has an allocated spot for his property?

tiff11

oldbikebloke said:

tiff11 said:
Well, it’s not the tenant who has issues it’s another guy who lives in the same building who has got issues with it, as he wants to park his car in the car park which is been allotted to my flat.

then, as mentioned, check with the management company and your lease what it says about the parking spaces. You need to be sure what "allocated" means in your context: 

•  first come, first served, even if there are say 10 flats and 10 spaces so you do not have a specific space that is "yours" to use or leave empty?
•  reserved for specific flats (Is there physical evidence of that, eg. numbers painted on the spaces?)
•  reserved for resident use only, so non residents cannot use even if you have let out "your" space ? (How is that enforced, barrier entry? permit displays?)
• are you allowed to let the space independently of the flat?

Yes, each flat has its own allocated parking space with numbers painted on the ground. Nothing is been mentioned on the lease agreement nor any signs stating it’s parking only for residents.