Pull out of flat purchase because of uncertain parking?

podrammu

Hey — would really appreciate some thoughts as I’m in a bit of a strange situation with a flat I’m in the process of buying in London.

I viewed a flat that was marketed as having secure allocated parking. The listing heavily emphasised this (including photos of the space). When I spoke to the seller at the viewing, they confirmed there was parking and mentioned they were the first in the building so it was “first come first serve”.

Fast forward about 6 weeks (and after my mortgage offer was issued), I received the contract pack. While going through it, I noticed something odd in the Land Registry register. For another flat in the building, there’s a specific note stating:

“The lease grants the exclusive use of the ground floor parking space…”

However, there’s no equivalent wording for the flat I’m buying.

I then went through the lease itself. It makes multiple references to “the Parking Space”, but doesn’t actually clearly allocate or demise a parking space to the flat. There’s wording along the lines of:

“If the expression ‘the Parking Space’ is so defined… (but only if it is so defined)”

Which reads to me as meaning you only have a parking space if it’s properly defined and granted elsewhere in the lease.

My solicitor didn’t pick up on any of this — I had to raise it myself. I emailed him (multiple times) asking him to query the parking with the seller’s solicitor. Two weeks went by with no response. When I eventually called him, he didn’t seem to know what I was referring to and asked me to “put it in an email” — which I had already done two weeks earlier (and had sent three separate emails about). He also confirmed at that point that he hadn’t even sent my enquiries to the seller’s solicitor yet.

When I asked for his view on whether the parking is actually demised to the flat based on the lease in front of him, he didn’t give a clear answer and just said we’d have to “wait and see what the management pack comes back with”. That didn’t give me much confidence, as my understanding is the management pack usually covers service charges, accounts, etc — not fundamental legal rights like this.

Frustrated, I asked the estate agent to go directly to the seller and ask if they could provide any formal documentation confirming the parking space is legally theirs.

The seller came back with:
- The same lease clauses I’d already reviewed  
- A floor plan with a parking space highlighted (but this highlighting had been added by them — it’s not on the original lease plan in the contract pack)  
- A comment that they’ve been paying parking maintenance for 6–7 years so they’re fairly confident it’s theirs  

They also heavily caveated that they’re not a solicitor and that this isn’t legal advice.

To me, this looks like more of a historical / informal arrangement, rather than a clearly defined legal right — especially given another flat in the building does have explicit rights noted at Land Registry, and this one doesn’t.

So I’m now stuck in a position where:

- My solicitor hasn’t been proactive, ignored multiple emails over two weeks, and didn’t raise key enquiries until I chased  
- The seller seems convinced the space is theirs based on usage, but can’t point to anything formally granting that right  
- A key selling point (allocated parking) may not actually be legally tied to the flat  

At this point I’m not even sure whose responsibility it should have been to pick this up initially — my solicitor’s or the seller’s solicitor’s.

Parking is a big deal for me, so I’m trying to decide what to do next.

Options I’m considering:
- Pull out and move on  
- Push for a definitive answer from the seller’s solicitor (although my solicitor hasn’t inspired any confidence)  
- Escalate within the firm and ask for clarity from a senior  
- Or wait it out — but that feels like I could just be waiting weeks to be told there’s no formal right anyway

I do like the flat, but this whole situation feels messy and based on interpretation rather than something clearly defined.

Would really appreciate any thoughts or experiences. Is this more common than I think and I’m overthinking it?

subjecttocontract

Based on your post I'd walk away if parking is important to you and there is no confirmation from anyone that you will have it. Good luck.

user1977

When and how did the seller start using the parking ie did they accept similar assurances when they bought or did something happen after they bought the flat without parking?

Jemma01

I too care about the car park, when I had a problem before I bought my house, my landlord proved to me that he owned a specific parking spot, and it was in the deed marked and numbered.

If I were in your place, I'd wait for your solicitor to come back with the answer. It is his responsibility to clarify exactly what is it you're buying and clarify ownership, that's why you're paying him. You have no business contacting the seller's solicitor, your point of contact is your solicitor.

eddddy

It's a good idea to ask the seller (e.g. via the estate agent) to clarify the situation, because you're likely to get an answer more quickly than asking via solicitors. And you can ask follow-up questions, etc.

But you can't rely on anything the seller or estate agent tell you, even if it's in writing. It won't be part of the contract.

So you can either ask the question again via your solicitor, or say something like this to your solicitor "the seller says …, can you confirm with the seller's solicitor that this is correct". Then the reply will form part of the contract.

gm0

It has often been the the case that flat leases do not include the parking space. And in such cases a a second subsidiary lease SHOULD also exist and needs to be conveyanced from the seller with good title. to you.

The existence of it on the core title plan (1st lease) or separately by producing the 2nd lease to your solicitor prove proper title to sell it to you. This is often vague at seller/EA level. All that matters is the real ownership document coming over.

You walk now. Or you reduce the offer to the "no parking space level" (because there isn't one). Or you give them a "last chance" - 10 days to find and produce.

People who don't actually have a space will say - anything - all day long short of legal misrepresentation - to try and bemuse someone into buying without it. Being vague is nailed on. Trust nothing. The flat without parking is worth tens of thousands less.

You have a duff solicitor.

Meanwhile issue clear written instructions that you will not be exchanging without a proven lease + title plan for parking appearing for the space. Or the legal equivalent (for some other arrangement for "allocation" on that site (I am assuming some bizarre arrangements can exist other than the ones I have seen). Family member has 3 leases. One for the flat and one for each space. Each with title plan of demised space.

It is common for property developments to have plot numbers and space numbers during development of the site. And for these to change into differen apartment/Flat numbers. The numbers on title plans may not match the numbers on spaces/signs adjacent either. The title plan is best viewed as a representation of where it is. Which one - left hand side, 3rd from the end - is the key thing. Tracing the changes in system through old paperwork can be a struggle. But the location (and plan) should be consistent even if the key changes.

Archergirl

I would imagine that unless the parking spots have numbers painted on them then it is indeed 'first come, first served' and you may not be able to park.

Things will have probably changed from when the property was built, more people have cars to park now.

BungalowBel

We used to have a flat which we rented out. It had a designated parking space (numbered) mentioned on the lease (and I think also on the land registry documents, but can't remember exactly). The flat and the parking space had different numbers, but were listed on the lease as 'flat number x and parking space number y'.

When the tenants got a second car they got into trouble with the caretaker for parking it in an undesignated area of the car park. They were told that this space provided access to the communal bins and not to park there again.

They asked me if I knew where they could park this second vehicle. Answer, no, there is no designated parking space for a second vehicle and they would have to park it on the public road.

So, if the parking is important to you, and you can't get your claim to it verified, I would walk away.

prowla

If you have a car you need a parking space.

If you have visitors who have cars they need somewhere to park too.

If you don't get the above then the flat doesn't meet your criteria.

gwynlas

In a city block I would definetly want a numbered parking space identified ,available and preferably securable by way of a locking bollard.

In a situation where it is first come first served you might have owners with two cars where one rarely moves.

Some blocks are built with fewer spaces than flats as insufficient ground to accommodate all.

Some councils will also state that permits not available for Controlled Parking Zones as part of forcing people to use public transport

sheramber

What is the parking situation?

Are there enough parking spaces for each flat owner to park, but not designated to a particular flat?

Or, are there not enough parking spaces?