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I have had a flat in Fulham for 25 years. I no longer live…

Customer Question
I have had a flat...
I have had a flat in Fulham for 25 years. I no longer live there. I rent out the parking space to streetcar (a great scheme which offers cars by the hour/day). I have had a call from the managing agent of the development saying under the terms of the lease I cannot rent out the parking space comercially.
My arguements are:
The car is probably used less that one would use one's own car.
This is offering a good service to the 77 people who live there (minus the 3 who have complained - one because he was not allowed to rent a space to a van).
It is a plus point for owners looking for tenants to say this service is available on the site
I have several fellow owners who think it is great and will say so.
It is environmentally friendly to encourage fewer people to have cars.

Can I challenge the lease? Can I ask for it to be put to the vote at the AGM?

Any other suggestions. It is worth £120 per month - which pays for my daughter's orthodontistry!

Thanks

Tina
Submitted: 8 years ago.Category: UK Law
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Answered in 5 minutes by:
6/15/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,166
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Do you own a share in the freehold?
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Customer reply replied 8 years ago

Thanks Joshua

 

No - it was sold (unbeknown to the owners a long time ago) unfortunately.

Solicitor: Joshua, Lawyer replied 8 years ago
Unfortunately you cannot remove lease covenants without the landlords consent. You can however exercise rights to buy the freehold at market value from the landlord whether or not he wants to sell it providing 50% or more of the tenants are on board.

In this way if a majority agreed, if you acquired the freehold you could relax the covenant or choose not to enforce it.
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