PDA

View Full Version : possible landlord breach of contract



flangiperrin
29-10-2009, 10:02 AM
HI all,

i wonder if you could help me.

I have a six month lease which expires end Jan 2010. My agreement states that the property rental includes 2 x parking spaces in the underground parking bay and these 2 spaces are numbered in the agreement.

I have found out today that the landlord has sold the 2 spaces to another flat and obviously i think this is a breach of contract but am unsure what to do.

Can any advise me please.

Thanks
Angi

jeffrey
29-10-2009, 10:21 AM
1. If your L owned flat + parking spaces, he/she is probably a leaseholder.
2. You have an AST of whatever L sub-let to you: presumably the flat + parking spaces.
3. L's sale-off of parking spaces changes nothing in your AST; it is not a breach of it, either, although perhaps L is in breach of the long lease (if that contains a prohibition of selling-off part only of what the lease demised).
4. L's purchaser (P) takes subject to your AST, just as if L had sold flat + parking spaces together.
5. The position is therefore that:
a. L is still landlord of your flat; but
b. P is landlord of your parking spaces.

Don't panic!

flangiperrin
29-10-2009, 10:32 AM
many thanks.

the problem is that the new owner is now using the spaces - so we cannot park our cars as we used to ...... any advice here please?

jeffrey
29-10-2009, 10:45 AM
New L is trespassing. That is a clear breach of the AST and you might send a Letter before Action to threaten proceedings at his/her cost.
Be clear. Old L could not sell the parking spaces with vacant possession- only as subject to your AST.

dominic
29-10-2009, 11:09 AM
trespassing... and interrupting your quiet enjoyment of the demised spaces.

Question to Jeffrey:

Is the demise within the AST (i.e. accommodation + spaces) severable in the way you describe?

In any event, it is likely the initial "LL" of the spaces was not a leaseholder of those spaces but had leasehold easement rights (or license) over them.if so, effectively these rights must have been (sub-)licensed to T in the AST for the term not let. Might this modify the position?

jeffrey
29-10-2009, 11:14 AM
Is the demise within the AST (i.e. accommodation + spaces) severable in the way you describe?
Yes, except in the unheard-of case of L contractually agreeing with T not to do so.


In any event, it is likely the initial "LL" of the spaces was not a leaseholder of those spaces but had leasehold easement rights (or license) over them.if so, effectively these rights must have been (sub-)licensed to T in the AST for the term not let. Might this modify the position?
We do not know:
a. L's status (freeholder of block? long-leaseholder of flat?); nor
b. the nature of L's interest in respect of the parking spaces.
If OP (flangiperrin) tells us, we can then comment.

flangiperrin
29-10-2009, 11:47 AM
hi again

i can confirm that the flat is owned by the landlord adn so are the parking spaces. There is a management company in charge of the building etc but each flat is owned by a person / persons out right.

Does this help ?

jeffrey
29-10-2009, 13:36 PM
No. Was your AST granted by:
a. long-leaseholder of flat + spaces;
b. long-leaseholder of flat only, who had rights to use spaces [see post #5's second half]; or
c. freeholder of whole block?