Pull out of flat purchase because of uncertain parking?

podrammu

https://forums.moneysavingexpert.com/discussion/comment/81984385#Comment_81984385

The seller used the parking space from day one as they were the first to move into the new build property at the time. So the seller just said it was first come first serve.

BikingBud

https://forums.moneysavingexpert.com/discussion/comment/81984725#Comment_81984725

On a daily basis or over the period of the existence of the building? Quite different scenarios.

Also what were the words within the advert:

I viewed a flat that was marketed as having secure allocated parking. 

What does having mean, press with the EA.

As others have said unless you have nailed on ownership of a space then I would move on.

Seems a straightforward question and the solicitor's inability to progress and achieve an answer indicates they are useless.

user1977

https://forums.moneysavingexpert.com/discussion/comment/81984725#Comment_81984725

And had they been told that by the developer and/or their solicitor?

webmasterpolo

Personally I'd give them a deadline then walk away without legal proof the space is included.

First come first served is worthless and as mentioned above will reduce the resale value significantly. Them saying they were first in the building, if that's the rules, you will be last in the building… Usually this simply means who comes to park first on any given day, the same as street parking.

I'd also consider a formal complaint to the solicitor / their ombudsman for their shoddy work. The threat of which may get them moving.

podrammu

https://forums.moneysavingexpert.com/discussion/comment/81984668#Comment_81984668

There are only 2 spaces that are behind a secure gated entry, one flat has exclusive rights to park in a space stated in the land registry, my flat has no such statement.

The rest of the residents have to use permit street parking. However the road is small a cul de sac that joins onto a busy main road so if spaces are limited (which they are) you'd have to park on another road and hope your car was fine.

Update – thanks for all your thoughts guys, really helpful!

I’ve gone through the lease myself and a few things stand out. In the LR4 (demise), the parking space isn’t mentioned at all – only the apartment is demised. The lease plan also only outlines the apartment, with no parking space linked to it.

In the easements (Second Schedule), there’s a right to use a parking space, but only on the condition that “the Parking Space” is actually defined in the lease. As far as I can see, it isn’t. So my reading is that you can only rely on that right if a specific space is formally allocated – which doesn’t appear to be the case here.

So in reality it looks more like a shared or informal arrangement, rather than a legally defined parking space tied to the flat.

Given that (and the fact my solicitor hasn’t exactly covered themselves in glory), I’ve pushed it back to the seller’s side. I’ve emailed the EA, set out the issue clearly, attached the relevant lease extracts / plan / registry references, and given them 10 working days (from Tuesday) to provide formal confirmation or documentation that proves the space is legally attached to the flat (or can be made so), especially as it was marketed as having an “allocated parking bay”.

At this point it’s not about my solicitor interpreting the lease anymore – it’s on the seller and their solicitor to show that what’s been advertised actually stacks up legally. If they can’t, I walk and I’m fine with that.

bouicca21

is it worth downloading a lease to another flat to see if it says anything useful about the parking spot?

podrammu

https://forums.moneysavingexpert.com/discussion/comment/81984813#Comment_81984813

do you mean download another lease from the building or a general lease on the internet? Not sure the former is even possible.

ANOTHER UPDATE - After I sent my email today clearly laying out the the lease, plan and register, the EA’s have gone into panic mode. They’ve emailed the whole chain to my solicitor, along with a statement from the seller saying their solicitor hasn’t received any queries from mine and asking why my queries have not been forwarded.

I spoke to my solicitor yesterday and he admitted he hadn’t sent my questions over (now 2 weeks late) and said he would - but again, didn’t actually do it after the call ended.

So from my side it highlights my solicitor’s weakness, which is why I’ve set out my position clearly based on the lease and asked the seller’s side to confirm. That way, even if my solicitor is slow, I’m still acting to push for an answer. If my solicitor doesn’t respond to the EA’s email chain on Tuesday, I’ll escalate it to his senior to weigh in. I’ll probably put in a formal complaint as well, but only after I get clarity on this issue - don’t want to muddy things while I’m trying to get a straight answer.

Ultimately I’m just asking the seller to prove the parking space is legally part of what’s being sold. If it’s not in the lease, then show a deed of variation or something concrete that explains it - it’s not that deep haha

podrammu

https://forums.moneysavingexpert.com/discussion/comment/81985293#Comment_81985293

Exactly. If it’s first come first serve, then realistically any other occupant could just take it since I’d be the last one in. And if I carried on, I’d probably do a staggered move anyway - replace carpets, repaint, etc - so I wouldn’t even be there properly from day one. That just makes it even easier for someone to take the space if it looks unused for a few days.

Then I’m stuck having awkward conversations trying to claim it’s mine without any actual legal backing, which is just not a position I wanna be in.

I’ll just stick to my 10-day window to get full confirmation. At least then I know I’ve done everything on my side and whatever happens is out of my control.

mta999

I had a flat in a large building and in the basement were a large number of parking spaces - none of them were demised to the flats

However the managing agents issued parking space licenses which cost from memory £100 a year and once you had one then as long as you kept paying the hundred pounds then you kept the space.

If you didn't pay then it would be removed from you and given to the next in the queue

you might want to contact the managing agents and see if a similar arrangement exists

Archergirl

podrammu

I'd certainly try and find another solicitor going forward, this one isn't doing anything, hope he doesn't think you're going to pay him…… Hope you find something suitable soon but I don't think it's this flat, maybe look in future for numbered spaces.