RTM Private parking company

vaders

Please advise if a management company can enforce a private parking company on the private owned estate.
The estate is made up of a number of freehold houses and leased flats.
The carpark is communal but numbered. 

My title plan says in short I have exclusive rights to park in that bay.

“shall mean the Parking Space shown edged red and numbered 123 on the Plan and shall include for the purpose of grant only the macadam surface thereof and any parking post or similar fixture now of at any time hereafter affixed thereon but shall exclude the land below the same”

Am I correct in saying that under the Landlord and Tenant act 1987 37 5 (a) & (b) that the 2 criteria’s have to be met.
75% of the properties have to agree to the private parking control and that no more than 10% object to be legally
valid to be enforced?.

Similar to when the RTM was done, there needed to be a certain % to remove the managing agent to begin with.

A survey did go out. But the options were limited.
The response from the residents was poor. Only a quarter of the owners replied. Of the ones that replied
72% said they never have an issue with parking in their allocated space.
62% said they did not want to see some form of parking control.
If parking control was to be implemented there was only 2 options.
Warden parking at 93% and Barriers at 7%.

Please advise if you can.

Coupon-mad

You need to stop this right now.  You are right, they can't impose this under these circs.

Fruitcake

Agreed. You do not want an unregulated private parking company referred to as rogues, scammers, and bloodsuckers by MPs infesting your residence under any circumstances. It will cause harassment of and distress to residents, and devalue the value of all the properties on the site. 

You could do a leaflet drop to warn others, pointing them to this forum with examples of the damage such schemes cause, and call an extraordinary meeting of the management company and residents. 

You should inform the management company that you remove any implied right of access to your demised space, and get all the other residents to do the same.

vaders

Can I confirm that houses and flats are the same
under the Landlord and Tenant act?
There’s a mention of flats but not
specifically houses. 

The estate as I said earlier is a mixed with freehold houses and leasehold flats.

Fruitcake

I think the the L & T Act refers to leasehold properties or leaseholders. I don't think it mentions the type of properties.

Part IV, section 37 is the relevant part, and it requires an application to be made before a lease can be varied, and ALL landlords and tenants must be consulted.

LDast

Additionally, it is not a simple "survey" or "vote" that is referred to in the Act. It requires a full Tribunal. DOn't let them try and fob you off with a statement that they "sent letters out". It does not work like that.

vaders

So far also good.

It’s such a weird set up.
My house is a freehold and I always assumed the car parking space/land was mine.

For more clarity, the estate is made up of 74 houses, 48 flats over 3 buildings.
Some houses have a driveway, the rest is parked in the car park with numbers and visitor bays.
Mine happens to be the freehold house with a parking spot within the car park.

Is it safe to say the leased car parking spot to me will have a significant impact due to the car parking space being policed? I’d like to go back with as much information as I possibly can.

Also with the 75% needed to vary the lease, do homeowners with driveways have to be consulted also? 

If a homeowner does not reply to the consultation, does that mean they lose the right to vote for or against?

i.e if the consultation generates 10 replies and all 10 say they are for, is that 100% and they are legally able to implement the parking control?
Or do they still need 93 out of the 124 properties to get this in place?

Coupon-mad

Significant detriment to take away your exclusive and unfettered use of your leased space.   This is unlawfully interfering with that right = 'derogation from grant'.

Fruitcake

vaders said:

So far also good.

It’s such a weird set up.
My house is a freehold and I always assumed the car parking space/land was mine.

For more clarity, the estate is made up of 74 houses, 48 flats over 3 buildings.
Some houses have a driveway, the rest is parked in the car park with numbers and visitor bays.
Mine happens to be the freehold house with a parking spot within the car park.

Is it safe to say the leased car parking spot to me will have a significant impact due to the car parking space being policed? I’d like to go back with as much information as I possibly can.

Also with the 75% needed to vary the lease, do homeowners with driveways have to be consulted also? 

If a homeowner does not reply to the consultation, does that mean they lose the right to vote for or against?

i.e if the consultation generates 10 replies and all 10 say they are for, is that 100% and they are legally able to implement the parking control?
Or do they still need 93 out of the 124 properties to get this in place?

It's 75% of all landlords and tenants (leaseholders). If you are a freehold owner, you own the land, but that may only apply to your home, not the parking space. You need to check your ownership documents to confirm whether you own or lease the parking space. If you own it, nobody can impose a parking regime upon it without your permission. If you lease it, then nobody can impose a parking regime upon it without complying with the L & T Act.

LDast

vaders said:

Also with the 75% needed to vary the lease, do homeowners with driveways have to be consulted also? 

If a homeowner does not reply to the consultation, does that mean they lose the right to vote for or against?

i.e if the consultation generates 10 replies and all 10 say they are for, is that 100% and they are legally able to implement the parking control?
Or do they still need 93 out of the 124 properties to get this in place?

It is not a simple "consultation". It is a full legal process by Tribunal. Every leaseholder has to be involved. By "homeowner", do you mean leaseholder?

If you read the legislation it is a double requirement. In the case of leaseholders rather than tenants, it says:

Any such application shall only be made if in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent of the total number of the parties concerned AND at least 75 per cent of that number consent to it.

vaders

Fruitcake said:

vaders said:

So far also good.

It’s such a weird set up.
My house is a freehold and I always assumed the car parking space/land was mine.

For more clarity, the estate is made up of 74 houses, 48 flats over 3 buildings.
Some houses have a driveway, the rest is parked in the car park with numbers and visitor bays.
Mine happens to be the freehold house with a parking spot within the car park.

Is it safe to say the leased car parking spot to me will have a significant impact due to the car parking space being policed? I’d like to go back with as much information as I possibly can.

Also with the 75% needed to vary the lease, do homeowners with driveways have to be consulted also? 

If a homeowner does not reply to the consultation, does that mean they lose the right to vote for or against?

i.e if the consultation generates 10 replies and all 10 say they are for, is that 100% and they are legally able to implement the parking control?
Or do they still need 93 out of the 124 properties to get this in place?

It's 75% of all landlords and tenants (leaseholders). If you are a freehold owner, you own the land, but that may only apply to your home, not the parking space. You need to check your ownership documents to confirm whether you own or lease the parking space. If you own it, nobody can impose a parking regime upon it without your permission. If you lease it, then nobody can impose a parking regime upon it without complying with the L & T Act.

I’ve attached an image from my title plan. It says for the purpose of grant only.
The parking space is also highlighted red.