Leasehold management company right to interfere with leasehold rights

6th Jun 2018

I have a 135 year lease of a flat and a garage. The plan shows an area of six parking spaces for general use amongst 12 tenants which in 1978 I guess was not a problem. The lease is specifically silent on parking rights save for the plan. The management company (which has directors who have no idea of company or any law) have just instructed solicitors and had a special regulation drawn up stating commercial vehicles cannot park on the premises. I was not informed of any meeting where this was going to be discussed and have just let to a tenant who has a semi commercial vehicle. Notwithstanding the directors may not have complied with company law, do they have the power to interfere with a right to park in one of the six designated spaces provided by the lease? And, do they have a right to instruct solicitors to draw up a regualation if they dont have that right?

CATEGORY: Conveyancing & Property

LOCATION: HAMPSHIRE

1 answer
  • ISC Lawyers LLP

    Why do you think there is a "right to park in one of the six designated spaces provided by the lease"? The fact that spaces are physically present does not, in itself give such a right and, as you say, the lease is silent on parking rights. If such a right exists (which I think is doubtful) the questions you need the answer to are "does the lease contain a provision for the management company (not the landlord unless they are one and the same) to make new regulations and, if so, is there any procedural provision to be complied with and, if so, has it been complied with?"

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    ISC Lawyers LLP

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