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  • Buy-to-Let

    Renting the parking space in my flat

    Hi,

    We bought a "buy to let flat" near Aldgate east, London. The flat has 900+ years of lease. We have now rented the flat without the parking. I came across a site which lets me rent the parking space separately. We are now thinking of renting the parking space. I wanted to ask if renting the flat and parking space separately would be ok as regards to the lease? I will ask the lease owner but just wanted to understand how this is done normally.

    Thanks in advance.

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    The lease is likely to include a condition that the flat and parking space cannot be dealt with separately, that is you cannot let it separate to the flat.  

    You are the lease owner, you can ask the freeholder for consent to let them separately and I suggest you check the lease first.  If asking for consent ensure you obtain this in writing.

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    I often wonder about this sort of think and your view is right

    But the question is how would anyone know the Landlord was renting the parking space in a separate deal

    Its all about enforcement How would they enforce the rules if it came to it 

    Just look at the number of cyclists who brake the law day in day out and the Police just dont bother enforcement because they haven't 

    got the time 

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    It depends on a number of factors -

    Are there enough car parking spaces

    Other leaseholders seeing  non residents park and walk off

    How aggressive the freeholder is for other income streams from leaseholders

    If it is a breach of the lease - and the lease should be checked for this - then the freeholder could issue a Section 146 - notice of forfeiture and request compensation.

    The enforcement is by the freeholder or management company.

    https://www.lease-advice.org/faq/section-146-notice/

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    We did this with a flat that had a parking spot and a garage en-bloc. The parking spot stayed with the flat but the garage we rented out separately.

    When we sold the flat the new owners took over the arrangement as it bought in a tidy sum each month and the solicitors on both sides didn’t seem to bat an eyelid about it.

    It didn’t occur to me this wouldn’t be permissible which is perhaps naive but for us it really made the property work well as an investment.
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    my own view is just do it

    and see what happens if they catch on and they enforce the rules deal with it then

    as long as there getting there service charge and ground rent I think 99% would not go after you

    as a side issue a person dumped there car on one of my parking spaces I contacted the Landlord for there help

    and the reply I got was the Parking space is yours so you deal with it

    which I did with the help of the police

    No registered keeper loads of Data Protection rules from the Police so how a Landlord would ever enforce the rules of the block is beyond me Knowing one thing and proving one thing is a different matter

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    I’d suggest anybody considering it should ask their solicitor what the cost would be if the freeholder issued a Section 146 notice - the freeholder’s cost for the S146 would be payable by the leaseholder.

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    The problem is How will the Landlord prove to a court that the car is not owned by the Leaseholder

    Getting info from the DVLA is not easy as I found out when a car was dumped on my parking space

    The Council dont want to know the Police cant give you info

    Enforcing a rule is the hard part on private property

    and you cant clamp them either


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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    You appear to be suggesting that if a freeholder issues a Section 146 for a breach of a lease covenant and it went to court that the leaseholder should lie in court.  I suspect most leaseholders would admit the breach and pay the freeholder compensation and their legal cost rather than  lie in court.

    The lease is likely to specify if a Section 146 notice is issued the leaseholder is responsible for all costs associated with it which can be considerable.  


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    Ok lets set this out

    Ok I ring you as the Landlord and says some one has parked there car on my parking space

    and I want it moved

    How would you go about getting the car removed

    How do you as the Landlord find out who owns the Car ?and if you cant find out who owns the car

    what do you do next?

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.