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

doninphi

seven-day-weekend said:

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?

We would have to change the numbers, or change the deeds. Those are the choices. Both cost money.

I don't live there, or anywhere close, so I can't knock on the door of 16, plus I believe it to be rented. I'm there Tuesday to paint, so will go for a knock knock and cross my fingers! 

davidmcn

doninphi said:

seven-day-weekend said:

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?

We would have to change the numbers, or change the deeds. Those are the choices. Both cost money.

I don't live there, or anywhere close, so I can't knock on the door of 16, plus I believe it to be rented. I'm there Tuesday to paint, so will go for a knock knock and cross my fingers! 

But the other, more complicated/expensive options, also involve communicating with the owner of number 16. You could just swap which spaces you use (to correspond with the deeds) without changing the painted numbers, it's not as if the spaces even need to be numbered as long as people know which they're meant to use.

Or as already suggested, you just tell your buyer to accept the status quo, given it isn't actually a practical problem. What's the worst case scenario - number 16 starts using "your" space? In which case you could then use theirs!

frogglet

When you moved there why didn't you park in the place shown on your deeds?

Browntoa

This is more common that you think , sheltered housing near me all have garages , should be numbered 1-16 left to right as per the deeds but are actually numbered right to left . 

princeofpounds

Just catching up with this thread so far. 

By the sounds of it, what your freehold landlord wants is not necessarily even that relevant. Yes, they have an obligation to repair, maintain, replace and renew etc. under the lease. But from the way you describe it, this is land demised to you under the lease. Unless it actively breaks the terms of the lease or statute, you can do what you want with it. 

If you do go ahead and change the numbers, then what is the freeholder going to do? Sue you for doing something they should have done themselves? What loss or damage is caused that they could sue for? The worst that could happen is that they claim it wasn't done properly and do it again to their own specification, then charge all leaseholders for it through the service charge.

I'm not saying that you should do it unilaterally, but you shouldn't necessarily just accept the foot-dragging of the freeholder either.

doninphi

frogglet said:

When you moved there why didn't you park in the place shown on your deeds?

I'm not from the area. So when I signed for it compared to getting there I didnt even realise it had happened.

doninphi

Or as already suggested, you just tell your buyer to accept the status quo, given it isn't actually a practical problem. What's the worst case scenario - number 16 starts using "your" space? In which case you could then use theirs!

They and the solicitors would not accept this.

I lost the sale. She pulled out.

So before this happens again I need to fix it. It was as much the solicitors.who wouldn't let her accept it.

AdrianC

doninphi said:

frogglet said:

When you moved there why didn't you park in the place shown on your deeds?

I'm not from the area. So when I signed for it compared to getting there I didnt even realise it had happened.

You bought a flat without ever once viewing it?

davidmcn

doninphi said:

frogglet said:

When you moved there why didn't you park in the place shown on your deeds?

I'm not from the area. So when I signed for it compared to getting there I didnt even realise it had happened.

I'm not sure how being from the area would have made a difference? You presumably saw the flat and the parking space? And saw the title deed plan showing which space was actually included?

Anyway, you've been told the cheapest and easiest way of sorting it out. Good luck!

doninphi

AdrianC said:

doninphi said:

frogglet said:

When you moved there why didn't you park in the place shown on your deeds?

I'm not from the area. So when I signed for it compared to getting there I didnt even realise it had happened.

You bought a flat without ever once viewing it?

Of course not! But its 12 to 14 weeks between seeing it and signing the paperwork. I had no idea which space it was.