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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20905
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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managers of my flat are refusing to allocate parking spaces

Resolved Question:

the managers of my flats are refusing to allocate parking spaces despite the lease requiring them to, and despite another leasee winning an High Court action to get her space allocated successfully! can I get an injunction? I am advised that the lack of an allocated space could reduce my value by 5%

Submitted: 1 year ago via InBrief.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

What exactly does the leas say about allocation of parking?

Why didnt you all take out joint action in high court?

Why are they refusing to do this?

Thanks
Customer: replied 1 year ago.

the lease does not demise a space but gives the right to occupy the garage parking space provided by the Lessor. The rules and regs then say the vehicle must be parked in the numbered space allocated to them. Not everyone wants allocated spaces and some prefer a free for all so they can park in the most convenient space. some owners offered to join the original injuction but because of the risk of costs only one person took action. costs have been awarded against the freeholders £69K but these have been taken out of our sinking fund!

Expert:  Stuart J replied 1 year ago.


Thank
you.

You
actually have two matters to deal with them. I think you have the reach of
directors duties for carrying on with this litigation and then taking the costs
out of the sinking fund. It means that all the other leaseholders are paying
for this cost. That is a very specialist area of law.



You
are then faced with bringing the same action against the landlords as the
previous tenant which the landlord is definitely hundred breach of duty. If
they defend based upon the previous failed litigation.



At
this stage in time, I think a strongly worded solicitors letter and possibly
the issue of proceedings might push this along to a conclusion although you
will always faced with the risk that a court may make a different decision. I
cannot see how they could come to a different decision, but there is a risk for
whatever reason.



You
cannot beat the landlord with a stick until he rolls over and if he will not
see sense, then your only remedy is court.



To be
honest, I cannot see why he bothered defending the action.

Customer: replied 1 year ago.

in your 2nd para you state hundred breach of duty - what does this mean?


what costs would be involved

Expert:  Stuart J replied 1 year ago.

Sorry, my typo.

 

Under a breach of duty.

 

Probably better put "Under a duty which they have breached"

 

I think they pursued defending this litigation pointlessly on the basis that they would simply take the costs from the sinking fund. That isn't what the fund is for

Customer: replied 1 year ago.

how much is it likely to cost me to pursue these two actions?


 

Expert:  Stuart J replied 1 year ago.


These
are certainly not do it yourself jobs, although there is no legal reason why
you cannot conduct such litigation yourself.

In
view of the previous successful case, you may be able to get a solicitor to do
this on a no win no fee basis and it is certainly worthwhile ringing around a
few solicitors to see if you can find one that will take it on. You may have to
do make quite a few telephone calls.



Litigation
is never cheap and you can see that the landlords had to pay £69,000 in legal
costs when they lost.



If you
lost, you could face the same kind of cost.



Because
of everything that I have said above, you might want to speak to whoever
brought the previous case because it would seem logical that the solicitors
that dealt with the previous one could do this on the same basis.



It
would also be worthwhile speaking to that leaseholder with regard to the fact
that the costs came from the sinking fund because in effect, it means that
leaseholder paid for the cost of his/her own successful litigation!



He/she
might be interested in pursuing the sinking fund element.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20905
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you

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Stuart J
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PGD Law. 20 years legal profession, 6 as partner in High Street practice