Parking a van contravenes head lease

by Puzzler

3 years ago

Parking a van contravenes head lease

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Parking a van contravenes head lease

What are a landlord’s options if a tenant contravenes the head lease by parking a van? The landlord does not object but the management company does. Parking a van contravenes head lease

What rights does the tenant have? If he wishes to continue to park there is there any protection in Tenancy Law? If he is given notice can he continue to park there until the leaving date or end of his fixed term?

Neither knew of the restriction at the start of the tenancy.

Thanks

Puzzler

Comments

Neil Patterson

3 years ago

Hi Puzzler

Parking of commercial vehicles in a residential areas can be restricted by local planning laws and have nothing to do with the tenancy.

Have you found out why the management company objects? What type and size is the van as residents may not be happy either.

Ian Cognito

3 years ago

The Headlease is an agreement between the Freeholder and the Leaseholder. The AST is an agreement between the Leaseholder and the Tenant.

The Leasholder will have had a duty to ensure that all relevant restrictions in the Headlease were included within the AST.

If the Headlease includes a reasonable restriction regarding parking of a van and the AST does not, then the Leaseholder has a problem as he has signed two conflicting agreements!

That said, I would hope that an amicable solution could be reached with the management company and the tenant. It will depend whether other residents have complained, what precedent there is, whether the tenant is a nuisance in any other respect, how large the van is, how considerately he parks, how long the AST has been in place and when notice can be given etc. etc.

If an agent let the property on behalf of the landlord, then I would suggest that the agent should have asked to see the Headlease to ensure that the AST was appropriate.

Michael Barnes

3 years ago

1. As LL has failed to make the tenant aware of the restrictions before granting the tenancy, then it would seem reasonable to allow the tenant to end the agreement befor the end of teh term.

2. restrictions of this kind are often inserted by the developer to keep the development looking nice until all the properties have been sold. After all have been sold, he probably does not care. You may therefore be able to get this restriction relaxed.

3. Depending on the age of the property, the restriction may be unfair under the Unfair Terms in Consumer Contracts legislation.

Puzzler

3 years ago

Reply to the comment left by "Michael Barnes" at "14/10/2014 - 11:14":

Thank you Michael, with regard to (1) that is my view as well. For (2) unfortunately the block is self-managed and there have been one or two objections based on the wording of the lease.

As to (3) what age would the property have to be? Do you know where I could find more information?

Michael Barnes

3 years ago

Reply to the comment left by "Puzzler " at "17/10/2014 - 18:40":

possibly 1 July 1995. You would need to talk to a lawyer to get a definitive answer to applicability and date.

Puzzler

3 years ago

Reply to the comment left by "Michael Barnes" at "18/10/2014 - 20:44":

OK but does it have to be newer than 1995 or older?

Thanks

Michael Barnes

3 years ago

Reply to the comment left by "Puzzler " at "21/10/2014 - 20:06":

1 July 1995 is when the UTCC legislation became law, so on or after that date (if indeed it does apply to this type of contract).

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