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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I own a leasehold flat with allocated parking space. The

Resolved Question:

Hi, I own a leasehold flat with allocated parking space. The spaces are separated by white lines and there are pillars and a sloping roof over the spaces forming the 'substructure'.

The car park has never been maintained and the white lines are almost disappearing and need to be repainted. When I approached the landlord, he said that these are private spaces and cannot be maintained from the service charge funds.

Whilst I agree that the spaces are private, I think the responsibility of repainitng the lines and cleaning the substructure lies with the landlord. I have the section in the lease referring to that but the landlord and I interpret it differently.

Would you be able to assist in clarifying who is responsible for the maintenance? thanks
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

What does the lease say?
Customer: replied 1 year ago.


Can I send you the excerpt by email? I cannot seem to copy/paste here.

Expert:  Stuart J replied 1 year ago.

Can you please send toXXX@XXXXXX.XXX uk?

The attachments often don't arrive if I get them via admin and they can take 24hrs to arrive

I can only reply on this site

Customer: replied 1 year ago.


Just sent you two attachments. thanks

Expert:  Stuart J replied 1 year ago.

Not here yet. Can u please send again? I might have deleted as I didn't recognise the address and there was no recognisable subject matter. I get lots of spam

Customer: replied 1 year ago.


Resent

Expert:  Stuart J replied 1 year ago.








Thank
you. I have it now. I did delete it because I didn't recognise anything.



Unless
there is anything in the rest of the lease which gives any liability to the
management company or the freeholder, I think this is a matter between you and
your neighbouring car park space owners.



The
areas in question are clearly demised to you and are not common parts.



In
that respect therefore each of the boundary lines would be owned half by you
and half by the neighbouring car park space.



I
think there is no more liability on the management company/freeholder to
replace the white lines than there is to decorate the inside of the flat.



Of
course, there is nothing to stop you going out there with some white paint and
putting your own line down.



I'm
sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading you.



I have
a duty to advise you truthfully and honestly, even if that answer is
unfavourable.



Does
that answer the question? Can I help further? Can I answer any specific points?



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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

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