PCM Now Controlling Estate Parking

eddddy

grey_moose said:

To confirm, does not having one work in my favour or work against me? I'm sure this was never mentioned and we haven't got a DoV. 

You're getting dragged off down a rabbit hole - and you're getting confused.

A 'Deed of Variation' simply means a change to your lease.

• You might like the change - so I guess you could say it's in your favour
• Or you might dislike the change - so I guess you could say it works against you

For example

• If your lease said you are allowed to park 1 car in the parking area
• And the Deed of Variation said that you are now allowed to park 2 cars

I guess you'd like that change, and you'd say it was in your favour

Alternatively,

• If your lease says you're allowed to park in an access road
• And the Deed of Variation says that you're not allowed to park in the access road (and other leaseholders aren't either)

I guess you might or might not like that change - so you might say it's in your favour or against you.

h2g2 said:

Not having a variation on the lease works in your favour. It would be them who need to vary the lease so leaseholders agree to parking charges.

I think that example might mislead the OP.

For example, if the freeholder owns a particular area, and the OP has no right to park in that area, the freeholder can charge people (including the OP and other leaseholders) for parking in that area. 

No lease variation would be required.



Edit to add...

But if the leases specifically said that leaseholders must not park in that particular area, then parking in that area would be a breach of the lease.

So the freeholder might want a lease variation to remove that parking prohibition - so that they can allow leaseholders to park there and charge them a parking fee.

Coupon-mad

Have you sent the letter signed by several leaseholders yet?  Do it this week.

Do not wait for a reply to an email. You've got to focus their minds now.