PPS PCN - Parked in my own space

genestrone

Hi guys - appreciate all the responses.
Small update that has come to light.  Apparently the freeholder owns/manages the parking spaces and the flats only have the 'right to park in a designated space'  that can be changed by the freeholder.  
I'm not too sure where I stand with this now as it doesn't sound like the flat landlord outright owns the space.

Jenni_D

Didn't you say you'd had sight of your landlord's lease, and that has no restrictions in regards to parking / rights for the lease terms to be varied? Even if the freeholder has authorised (via the MA) the engagement of the PPC, did they (or the MA) conduct a vote of leaseholders per the L&T Act to allow the leases to be varied? (I suspect we already know the answer to that).

nosferatu1001

A right to park in a space is stilla  right to parkj , not contingent upon having to enter another contract with a scammer firm!

genestrone

Jenni_D said:

Didn't you say you'd had sight of your landlord's lease, and that has no restrictions in regards to parking / rights for the lease terms to be varied? Even if the freeholder has authorised (via the MA) the engagement of the PPC, did they (or the MA) conduct a vote of leaseholders per the L&T Act to allow the leases to be varied? (I suspect we already know the answer to that).

Thanks for the reply Jenni.  
The only part of interest in the lease of the landlord is this, which comes under the 'definitions' section:

Is there some further information I should be asking for from my agency?

Fruitcake

Ask when (not if) a ballot of residents took place in accordance with the Landlord and Tenant Act 1987, Paragraph 37, allowing a change to your lease/tenancy agreement. Note that the landowner of the space must be a party to the ballot.
We know what the answer will be, but without out it, nobody is permitted to change your existing contract, including your right to park.
Have a look at the Act, especially the ballot result requirements.

Anyone who changes or attempts to change your rights is liable for their actions and any resulting breach of the DPA/GDPR. They are also responsible for the actions of their agents that they have employed.

D_P_Dance

https://www.servicechargedisputeguide.info/section-37-application-to-vary-leases-by-a-majority-of-leaseholders/

Jenni_D

genestrone said:

Jenni_D said:

Didn't you say you'd had sight of your landlord's lease, and that has no restrictions in regards to parking / rights for the lease terms to be varied? Even if the freeholder has authorised (via the MA) the engagement of the PPC, did they (or the MA) conduct a vote of leaseholders per the L&T Act to allow the leases to be varied? (I suspect we already know the answer to that).

Thanks for the reply Jenni.  
The only part of interest in the lease of the landlord is this, which comes under the 'definitions' section:

Is there some further information I should be asking for from my agency?

Check for any wording about making changes for the benefit of residents and estate management. There's usually a clause along those lines - but even so it almost certainly doesn't allow existing rights (quiet enjoyment, right to park etc.) to be changed without a formal ballot per the L&T Act.

nosferatu1001

As above
they cannot remove a right to park by stating you can park but only if you argee to another contract to do so. That is never reasonable and IS a variance, no matter what sstupid, overreaching MAs like to think

Coupon-mad

genestrone said:

Hi guys - appreciate all the responses.
Small update that has come to light.  Apparently the freeholder owns/manages the parking spaces and the flats only have the 'right to park in a designated space'  that can be changed by the freeholder.  
I'm not too sure where I stand with this now as it doesn't sound like the flat landlord outright owns the space.

Read  and point your solicitor and the managing agents to Saeed v Plustrade:

https://swarb.co.uk/saeed-v-plustrade-ltd-ca-20-dec-2001/

https://www.bailii.org/ew/cases/EWCA/Civ/2001/2011.html

A freeholder can't take away at will, nor change or remove or charge for parking space rights that a resident enjoys under their agreement.

genestrone

Thanks for all the responses.  I'll be getting advice from my solicitor.  
I asked for more details regarding the contract the landlord has for the parking and the agency that I pay my rent to refused to provide any more information.  I'll be fighting this so many thanks for all the advice.