Flat's lease: off-road parking prohibition removal

[Ludo1]

Hi

We have a ground floor flat and have recently approached the managing agents for permission to put off road parking to the front of the property. The area to the front is within the boundaries according to the information we were given when we pruchased the property. They have advised us that the freeholder wants us to pay £3500 to grant us permission to do this. Are they able to demand this much money?

[jeffrey]

"Within the boundaries" of what? Your leasehold title or just the entire building/grounds on the freehold title?

[Ludo1]

"Within the boundaries" of what? Your leasehold title or just the entire building/grounds on the freehold title?

Within the boundaries of our leasehold title

[jeffrey]

Within the boundaries of our leasehold title
So you already own the area concerned. What covenants restricting what you want to do does lease contain, binding the area concerned?

[Ludo1]

So you already own the area concerned. What covenants restricting what you want to do does lease contain, binding the area concerned?


Not an expert on this but as far as I know we only need to provide access to rear garden and front door for the upstairs flat.

[jeffrey]

Not an expert on this but as far as I know we only need to provide access to rear garden and front door for the upstairs flat.
These are EASEMENTS (=rights for others). What COVENANTS i.e. restrictions) apply to your leasehold ownership of the front parking area?

[Ludo1]

Having now got all of the lease details and restrictive covenants through the only part that I can see which relates to the ground are dated from 1889 and were written before the property was actually built. The parts that I can see which may be related are as follows;
:confused:
No soil earth or gravel shall be dug out or removed other than such as may be required to be dug out or removed for foundations and for forming basement storeys (if any) cellars drainsways or paths for or to any dwellinghouse.

There is another part in the lease for the frontage of the property (which is seperate to the main lease) which states:

That the lessees will not at ant time make alterations or additions to the demised premises nor carry out any development thereto or change the user thereof within the meaning of any legislation for the time being related to Town and Country Planning without the previous consent in writing of the Lessor.
That the demised premises shall be kept and used as and for a private garden with footpaths thereto to be used and occupied in conjunction with the Lessees maisonette known as ADDRESS.

I can't see any reason that they should ask for £3500!

[tenant29]

How many flats in your block ? If you have to pay 3500 for consent to park , it is better to spend the money buying the freehold ( if possible with your neighbours ).

What is the name of the freeholder company and managing agent ?

[jeffrey]

If second half of your post means that the front area is not to be used except as garden, you are prohibited from using it as a parking area other than if L consents. As the covenant is absolute (i.e. it does not include something like "...except with the prior consent of L, not to be unreasonably withheld or delayed"), you cannot use the lease to force L to consent.

You cannot use s.19(2) of LTA 1927 either. This states that a covenant against change of use without licence or consent (if not involving structual alteration) is subject to proviso that no price can be charged for consent. However, note the words "without licence or consent". As the covenant is absolute, this section is not of any help in your case.

Only solution: consider s.84 of Law of Property Act 1925. This allows Lands Tribunal to delete obsolete covenants in certain cases. Although s.84(1) mentions 'freehold land', s.84(12) extends the section to long leaseholds (not mining leases) if term:
a. was granted for > 40 yrs; and
b. has been running for > 25 yrs.