IMPORTANT: Lease Conditions

The lease contains the following terms:

• (Schedule 3, 16.) Parking. Not to use any car parking space for any purpose other than the parking of one private motor car or one private motor cycle which shall be in a roadworthy condition and shall exhibit a current Road Fund Licence.

• (Schedule 3, 9.) Disposals. Not to transfer underlet or otherwise part with possession of part only of the Property.

The above clauses mean:

1. A private motor car or motorbike. (No caravans, trailers, trade vans, sheds, tractors, garden planters…)
2. Vehicle must be in a roadworthy condition and taxed. (No banger racers, wrecks, abandoned cars, off-road vehicles, old cars used for storage, projects…)
3. If you let out your flat, the parking space must be let out with the flat and not to a separate person.
4. You could also keep the parking space for your own use instead of letting it to a tenant, but strictly speaking, the flat is “part only” of the property, and therefore you have underlet only part of the property, - the flat - and not the other part - the parking space!
5. It follows therefore that an owner occupier is, strictly speaking, not permitted to sublet the parking space.
6. But if the owner lets out their flat and the parking space to the same tenant, their tenant could, depending on the terms of the tenancy agreement, sublet the parking space. Tenancy agreements usually have clauses which mean the relevant the terms of your lease also apply to the tenant, and also restrict any subletting by the tenant, however. (So, maybe they can't…)

I am aware that some people have chosen to “let out” their parking space.

This is not recommended because of the above restriction, and also:

• That we have random unknown people coming in to Benedicts Wharf.
• What if vehicles are abandoned or do not comply with the above terms?
• What if they damage the gate etc?
• The management does not have any obligation to people subletting. The responsibility and liability is with the original leaseholder of the parking space, (i.e. you are responsible for any problems or damage they might cause.)
• It is questionable if the building insurance would cover any vehicles if something happened which would give rise to a claim.
• Mortgage lenders will usually insist that “consent to let” is obtained before any letting, or that a “buy-to-let” mortgage is in place and that the tenancy agreement follows the same terms as your lease.

Parking space allocations

The following list has been compiled from available Land Registry records.

If you believe it to be incorrect, and have an official copy of your title plan showing otherwise, please contact me: Contact