Leasehold flat, who is responsible for the upkeep of the car park inc. numbers?

doninphi

P.s. sorry for not posting more of the deeds. I did consider it but worried of sharing too much of the document online.  You'll have to trust me that there is little extra at all discussing the car park.

Thanks again.

greatcrested

doninphi said:

The other owners have been emailed twice by the landlord. No responses yet.

What happened when you knocked on their door?

davidmcn

doninphi said:

4. Correct. It is only me 13. And 16. Who need to swap. But the landlord will not be happy with that is the feeling I get.

Why would the landlord care? Even if they did, what would be their argument against each of you parking in the spaces actually allocated by your leases? If anything, that's exactly what they could force you to do.

anselld

It seems ridiculous that legal nit-picking creates a situation where significant money must be spent pointlessly to absolutely no benefit.

Why not just instruct your solicitor to respond that nothing will be done since the situation on the ground is that everyone is perfectly content with the status-quo.  The buyer should take it or leave it.  

Surely it cannot be a show-stopper.

eddddy

doninphi said:

4. Correct. It is only me 13. And 16. Who need to swap. But the landlord will not be happy with that is the feeling I get.

5. I cannot just accept parking in my number 13 as suggested as that's the exact issue the solicitors are having. 13 doesn't match the deeds. It is not for security as the rest of the car park is labelled.

Have you tried explaining the problem to the people at 16, and asking them to swap?

Then perhaps putting a discreet, outdoor floor sticker (like supermarkets use in their carparks) with the correct number over the incorrectly painted number would be acceptable to your buyer. Then if the landlord finds out and really kicks up a fuss, the sticker could still be removed.

Norman_Castle

doninphi said:

3. The landlord is not happy with me doing it. I have all the gear to do it too. But he wants it to be done officially and therefore is not currently happy with the idea of me melting the paint and spraying on new numbers.

4. Correct. It is only me 13. And 16. Who need to swap. But the landlord will not be happy with that is the feeling I get.

The other owners have been emailed twice by the landlord. No responses yet.

If the freeholder wants all four numbers changed they should take control and charge all four properties.

Can you overpaint the number instead of burning it off, burning sounds destructive whereas painting isn't? If you can remove the number on your space without causing damage then repaint the correct number in an equal standard and font what could the freeholder do?

You only need to change a 6 to a 3 which is a minimal amount of work.

Try knocking the door of number 16 and show them your deeds, explain thats where you need to park from now on. Suggest they check their deeds.

If there is no response from the others overpaint your number and use that space, let the others sort themselves out.

blue_max_3

Slithery said:

Are you sure that this hasn't been done on purpose for security? It's quite common for parking space numbers to not match flat numbers as that way prospective burglars don't know who's in and who's out.

This sounds plausible and actually makes a lot of sense. Could that be accepted by the buyer? Ultimately, it sounds like you have a parking space - and only needs both parties to agree one or the other.

eddddy

blue_max_3 said:

Slithery said:

Are you sure that this hasn't been done on purpose for security? It's quite common for parking space numbers to not match flat numbers as that way prospective burglars don't know who's in and who's out.

This sounds plausible and actually makes a lot of sense. Could that be accepted by the buyer? Ultimately, it sounds like you have a parking space - and only needs both parties to agree one or the other.

I have some sympathy with the buyer over this.

The OP presents it as a simple problem which can easily be resolved by amicable agreement between the owners of 13 and 16. (And maybe that's true.)

But how does the buyer know that's really the case? For example, is parking a bigger problem than the seller is making out - with residents and 'strangers' routinely parking in other people's spaces?  And you tell people not to park in your space, and they say you have no authority to do that, because it's not really your space, etc...

And can the buyer even be sure that flat 16 really has the rights to the space  labelled 13 - without checking flat 16's lease etc?

 

davidmcn

eddddy said:

blue_max_3 said:

Slithery said:

Are you sure that this hasn't been done on purpose for security? It's quite common for parking space numbers to not match flat numbers as that way prospective burglars don't know who's in and who's out.

This sounds plausible and actually makes a lot of sense. Could that be accepted by the buyer? Ultimately, it sounds like you have a parking space - and only needs both parties to agree one or the other.

And can the buyer even be sure that flat 16 really has the rights to the space  labelled 13 - without checking flat 16's lease etc? 

It's hardly difficult for them to do that though.

The risk of somebody else nicking your parking space is an ongoing on anyway, unless you put physical barriers in place or some sort of enforcement scheme.

seven-day-weekend

My son's garage for his flat is a totally different number to his flat...the number that corresponds to his flat is actually in a different block.  
In the flat I rent out, the allocated parking space is outside the kitchen window, but again has a different number to the flat.

Can't you just ask number 16 to swap parking spaces with you?