Changes to the lease without my consent

FUDbyDesign

Hi,

Bit lengthy but please bear with me as I've tried to be as complete as possible with the information I've provided.  

Background
Since 2020, I have been a leaseholder (with share of freehold) of a flat within a block of 30. We have an external management company managing the maintenance, etc. on behalf of all leaseholders. All flats have their own associated garage and additionally there are 3 visitor parking bays. Lately, some residents (likely renters) have been causing issues by regularly parking their cars in the visitor bays, forcing actual visitors to park elsewhere. 

The Original Problem
I was not able to attend the AGM last September, and I have not yet received the minutes despite multiple reminders.  In January, a letter was hand-posted to every flat containing a letter informing residents that "at the Annual General Meeting it was agreed that parking control measures are to be introduced for the Visitors spaces in the form of 24-Hour Visitor Parking Permit scratch cards." There was no mention of what those "measures" would be, or how they would be enforced. And there was certainly no indication that a private parking contractor had been appointed.

My Situation
My garage is at the end of a block with no thoroughfare. For the last 4 years, I have been parking my car directly in front of my garage since it does not impede the movement of other vehicles at all. Nobody has ever complained about it and in fact the previous owner had been doing the same thing for decades prior. However, a new rule has come into existence (as per aforementioned letter) where "under no circumstances should anyone, including residents and tenants, park outside garages or in the garage area." and I have been issued with two separate PCNs by the private parking contractor, one in mid-February and another at the end of the month. 

The Lease
Reading through the lease agreement, I see the importance of residents' ingress to/egress from the garages is mentioned but I can find no mention of a third-party for parking enforcement or the potential use of one. None of the communications received from the management company have mentioned this either.  Needless to say, I didn't know about or agree to the measures.

Advice Needed
The PCNs have not been paid.  I spoke with someone from Citizens' Advice who advised me to call up the parking company, but I'm not confident that's the correct advice given the controversy I've been reading about these companies' practices in other areas of the MSE Forums. I was also given the number for the Leaseholder Advisory Services but have not been able to get through to them so far.  (Will try again this week). Furthermore, I've been pointed to Section 37 5(a) and 5(b) of the Landlord and Tenancy Act 1987 but due to the lack of AGM minutes, I can't tell how many of the 30 leaseholders were in attendance, whether or not a motion was proposed at the AGM to vary the lease in this way, or whether >75% of leaseholders (i.e., 23 flats) approved the motion. Could somebody here please advise me on:

1. Where I stand legally, particularly regarding the variation of the lease which (I believe) this essentially amounts to?
2. Whether I should consider the PCNs as part of my questions about the lease, or should I handle them separately, i.e., pay up to avoid escalation?
3. How should I proceed henceforth?

Things just seem to be more complicated than they need be so I'd be really thankful for some advice as I've been losing sleep over this and my self-confidence has hit rock-bottom. 

P.S., If this isn't the right area of the Forums to be posting this, please kindly point me to the right one.  

TripleH

Hwhat does your lease say about amendments to the lease agreement?

Have you been issued a formal amendment to your lease?

Have you received any paperwork about changes to your lease?

Are there notices installed warning of a parking company operating on the premises?

It is quite likely changes have not been made properly.

loubel

It doesn't sound like your lease has actually been varied. They are just enforcing the parking restriction (likely) contained in the lease - I doubt you are permitted to park in the common area so it would seem reasonable for the freeholder to take action to prevent this, just as it is reasonable to stop other leaseholders taking over the visitor spaces. 

If your concern is whether they are permitted to employ parking management to do this, you would need to check your lease. You would be looking at general powers to enforce covenants or alter regulations.

daveyjp

I would also post this on the parking tickets forum.  Plenty of knowledge there and posts on the potential can of worms which have now been opened up. 

user1977

As above, it doesn't sound like anybody is varying the lease, just taking steps to manage the common parts to stop people parking where they don't have a right to park.

silvercar

Check your lease to see if it gives you the right to park outside your garage. If it does then you should inform the management and the parking enforcement company, it may even be worth having the space marked on the ground.

if your lease doesn’t give you the right, then you don’t have such a right and should park elsewhere; your argument against the PCNs are that you weren’t made aware, but I don’t know how strong that argument is.

FUDbyDesign

daveyjp said:

I would also post this on the parking tickets forum.  Plenty of knowledge there and posts on the potential can of worms which have now been opened up. 

Thanks, @daveyjp. In fact I began this topic in that forum because of the PCNs, and then some members there gave me some good pointers including the Landlord and Tenancy Agreement.  Whilst I was thinking about things, I realised the topic might also belong in this forum since the terms of the leasehold could be concerned. 

RHemmings

Just a peripheral comment here. The OP seems to be suggesting that because they are at the end, if they park outside their garage they won't cause an inconvenience to anyone else. Personally I think this isn't enough reason for them to be let off any parking restrictions. As a consistent enforcement and same-for-everybody approach will usually work more smoothly. Otherwise you get 'why am I being penalised for parking outside my garage while X is allowed to?' situations. 

I'm not commenting on other points. E.g. was enough notice given, can they issue tickets, etc. Just the comment that the OP won't be causing anyone any inconvenience. 

propertyrental

There are several issues

* what rights does the lease give the OP regarding parking outside his garage? (my guess? None)

* Did the lease need varying? (my guess? No)

* can a parking enforcement company be employed by the freeholders? (my guess - probably if the AGM determied this in accordance with the rules)

* was the PCN enforceable (my guess? Quite probably not unless styrich procedures were followed)

eddddy

FUDbyDesign said:

Furthermore, I've been pointed to Section 37 5(a) and 5(b) of the Landlord and Tenancy Act 1987 but due to the lack of AGM minutes, I can't tell how many of the 30 leaseholders were in attendance, whether or not a motion was proposed at the AGM to vary the lease in this way, or whether >75% of leaseholders (i.e., 23 flats) approved the motion. Could somebody here please advise me on:

There's an 'Urban Myth' about this that's periodically quoted on the Parking board of this forum - I don't know if that's where you got your info from.

(I think somebody probably read one sentence in a court decision, and then made some wild guesses about the background to that sentence.)

In simple terms...

• It's not possible to force a change in your lease, just by a vote of leaseholders at an AGM

What the legislation actually says is more like this...

• A leaseholder or landlord (freeholder) can make an application to a tribunal to vary multiple leases, if...
• • The application is supported by at least 75% of the leaseholders
• • The application is not opposed by more than 10% of the leaseholders

The tribunal will then decide whether to allow the lease variation.

If the tribunal thinks some leaseholders would be disadvantaged by the variation, they can order the other leaseholders to pay them compensation.

If a leaseholder would be disadvantaged in a way that can't be compensated by money, the tribunal probably won't allow the variation.


Then a complicated legal process would follow, almost certainly involving solicitors, where all the leases are varied.

FUDbyDesign

TripleH said:

Hwhat does your lease say about amendments to the lease agreement?

Have you been issued a formal amendment to your lease?

Have you received any paperwork about changes to your lease?

Are there notices installed warning of a parking company operating on the premises?

It is quite likely changes have not been made properly.

Thanks, @TripleH

• The lease just says the landlord has "the right to make rules and regulations for the administration and management of the Estate and the Premises".
• I have not been issued with either a formal or informal amendment to the lease.
• I have received no paperwork or communications, including the AGM minutes.
• There are notices posted around the garages and visitor parking spaces. Interestingly, I guess this might be in breach of the clause in the lease which stipulates that "Except with the prior written permission of the Leaseholder no advertisement or notice of any description shall be affixed anywhere in the external windows or on the external parts of the Premises."