We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Changes to the lease without my consent
Comments
-
So the lease gives the freeholder the right to bring in a rule that they will enforce the parking restrictions by employing a parking contractor and they notified you of this by writing to tell you they were bringing in enforcement measures and they put signs (on their property, they are permitted to) up regarding this.
All sounds completely ok and above board to me.0 -
loubel said:So the lease gives the freeholder the right to bring in a rule that they will enforce the parking restrictions by employing a parking contractor and they notified you of this by writing to tell you they were bringing in enforcement measures and they put signs (on their property, they are permitted to) up regarding this.
All sounds completely ok and above board to me.0 -
FUDbyDesign said:
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.
You have a garage.
Why don't you simply park INSIDE the garage?
the fact that nobody has complained and/or the previous occupier did the same are very weak arguments in favor of your case, especially in the UK where nobody ever complains directly face-2-face. The fact that this new rule came into place seems like a very clear indirect messaging that people might be indeed annoyed at it, but they simply just dont want to say it directly.
so, why dont you simply park INSIDE your garage?
0 -
loubel said: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.
Regarding parking in front of the garage - in legal terms, it doesn't sound like the freeholder is enforcing the lease.
If they were enforcing the lease...- The freeholder (or their agent) should have told @FUDbydesign that they were breaching their lease
- And the freeholder (or their agent) would send a (legally correct) Service Charge Demand that includes a Leasehold Administration fee, to recover their costs associated with enforcement
However, @FUDbydesign says they have received PCNs - Parking Charge Notices- That would be a charge payable under a completely separate contract (nothing to do with the lease) for parking on the freeholder's land
Therefore...- It's not a leasehold admin charge payable by a leaseholder resulting from a breach of their lease
- It's a parking charge payable by a private individual (any member of the public) for parking on a piece of private land
The route to challenging a Parking Charge Notice would be very different to the route for challenging a leasehold administration fee.
And/or maybe there is some legislation or case law or terms in the lease that prevents the freeholder charging private individuals for parking in areas which have been designated for communal use by a group of leaseholders. I don't know.
0 -
Don't think the OP has answered the key question here - does your lease expressly grant you the right to park where you have been parking?
If yes, then you have a legit grievance.
If no, then you have no "right" to park there, regardless of whether you or the previous leaseholder did, unless you get your lease changed to allow it, which presumably will require all other freeholders to agree.
0 -
Schwarzwald said:FUDbyDesign said:
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.
You have a garage.
Why don't you simply park INSIDE the garage?
the fact that nobody has complained and/or the previous occupier did the same are very weak arguments in favor of your case, especially in the UK where nobody ever complains directly face-2-face. The fact that this new rule came into place seems like a very clear indirect messaging that people might be indeed annoyed at it, but they simply just dont want to say it directly.
so, why dont you simply park INSIDE your garage?0 -
JM68 said:Don't think the OP has answered the key question here - does your lease expressly grant you the right to park where you have been parking?
If yes, then you have a legit grievance.
If no, then you have no "right" to park there, regardless of whether you or the previous leaseholder did, unless you get your lease changed to allow it, which presumably will require all other freeholders to agree.0 -
FUDbyDesign said: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.
Inevitably the car parking section of this site will give you the tools to find a way to squirm out of it.
Its never going to be possible to attend 100% of any meeting even with the best will in the world but does show the importance of attending AGMs if you're a shareholder in the freeholder!0 -
FUDbyDesign said:JM68 said:Don't think the OP has answered the key question here - does your lease expressly grant you the right to park where you have been parking?
If yes, then you have a legit grievance.
If no, then you have no "right" to park there, regardless of whether you or the previous leaseholder did, unless you get your lease changed to allow it, which presumably will require all other freeholders to agree.1 -
user1977 said:FUDbyDesign said:JM68 said:Don't think the OP has answered the key question here - does your lease expressly grant you the right to park where you have been parking?
If yes, then you have a legit grievance.
If no, then you have no "right" to park there, regardless of whether you or the previous leaseholder did, unless you get your lease changed to allow it, which presumably will require all other freeholders to agree.0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.3K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.8K Spending & Discounts
- 244.3K Work, Benefits & Business
- 599.5K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards