Q&A - Parking permits in blocks of flats

Brian from Essex

ANSWER 

As to whether a charge can be made will really depend on what the lease states. I suspect however the lease will be silent on the point and the RTM will need to look into other ways to deal with the parking issue. For example, does the lease permit the landlord to introduce “Estate Regulations” which may possibly be used to introduce car parking policies?  In the event the lease does permit the introduction of Estate Regulations, the RTM need to consider what is “reasonable” and what is not. The Board will also need to have a clear “policy” drawn up which shows clearly and transparently how decisions under the policy are made and arrived at.  One important point the RTM will need to consider if a policy under the Estate Regulation is to be formulated is enforce any breach of Regulations ie in the event of non-payment of the permit etc. For example, it is certainly not advisable that breach of the parking policy is enforced through methods such as wheel clamping etc., as in the event of damage to the vehicle, the RTM could potentially be liable for damage etc.  Has the RTM considered approaching the landlord to provide consent to possibly commence proceedings in the Leasehold Valuation Tribunal for a Determination that the Lease has been breached? Either way, serious thought really does need to be given to the consequences of introducing any such policy and the advise of a specialist solicitor really is needed.

Leasehold Enfranchisement Brethertons LLP Solicitors