UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law
This answer was rated:

managers of my flat are refusing to allocate parking spaces

the managers of my flats...

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%

Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 6 minutes by:
11/20/2013
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified
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
Ask Your Own UK Property Law Question
Customer reply replied 4 years 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!



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.

Ask Your Own UK Property Law Question
Customer reply replied 4 years ago

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


what costs would be involved

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

Ask Your Own UK Property Law Question
Customer reply replied 4 years ago

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


 



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
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified
Stuart J and 87 other UK Property Law Specialists are ready to help you
Ask your own question now
Ask Stuart J Your Own Question
Stuart J
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22,624
22,624 Satisfied Customers
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

Stuart J is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,734 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,322 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
Denning, with my 1/3/2012 accepted question. Original
Dear Law Denning, Please follow up with my 1/3/2012 accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/61pnu-concerned-electrics-flat-ask.html… read more
Stuart J
Stuart J
Solicitor
22,624 satisfied customers
My neighbour has a right of way over my drive so that she
My neighbour has a right of way over my drive so that she could, if she dismantles a moveable fence at the top of the drive, enter her garden that way. She has not exercised that right in about 10 yea… read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
I would like to know if a property classified as an HMO can
I would like to know if a property classified as an HMO can be deemed to be in breach of the house;s covenant that it must be a 'single private dwelling house' … read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
Follow up with my 2/20/2012 3:50:39 PM UTC accepted
Dear Jomo1972, Please follow up with my 2/20/2012 3:50:39 PM UTC accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/69zf9-i-m-american-expat-renting-house-london-i-ve.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My tenants and I are defendants in a small court court case
Dear FE Smith My tenants and I are defendants in a small court court case to do with a right of way. The first hearing determined the temporary agreement in relation to the right of way, which is to c… read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
I'm about to file an application to adjourn the date of a
I'm about to file an application to adjourn the date of a preliminary hearing regarding a flea infestation claim I'm defending. whilst filing the application I also would like to present my defense ca… read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
I'm a tenant in common with my brother on a UK property. A
Hi, i'm a tenant in common with my brother on a UK property. A number of years ago my parents were in financial difficulties and I stepped into save the family home with my elder brother. I did not li… read more
Stuart J
Stuart J
Solicitor
22,624 satisfied customers
I want to change the ownership proportion in our UK property
Hello, I want to change the ownership proportion in our UK property Deed of Trust. All parties agree to the change. What is the best (common) way to do this? Do you revoke the existing Deed of Trust a… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I recently sent this reply to a question that was answered
Hi, I recently sent this reply to a question that was answered but I haven't heard anything and it's been a week. Not sure if it has been received and wondering if someone else can helpI partly own a … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I am renting via an agency and they have been really bad at
hi, I am renting via an agency and they have been really bad at repairing things like the boiler, the windows, installing a fire alarm etc.. it took them 7 months (from Oct 2008 to May 2009) and final… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
If a UK property transaction is less valued at less than
If a UK property transaction is less valued at less than 125,000 then there is no SDLT to pay. However, does an SDLT form need to be filed with the Inland Revenue… read more
Aston Lawyer
Aston Lawyer
Property Solicitor
LLB (HONS)
1,734 satisfied customers
I am currently residing in the UK. I have 2 Plots (Property
Hello,I am currently residing in the UK. I have 2 Plots (Property Land) in Pakistan on my name which were bought by my Father and Sister for me around 5 years ago. I have both Plots (Property Land) on… read more
Nick H
Nick H
LLB
115 satisfied customers
I have lived on a peice of land owned by my grandfather for
I have lived on a peice of land owned by my grandfather for 4 years, after he asked me to move on, in a mobile home and start a plant nursery business. I would like to know what rights I have if he as… read more
Mike GS
Mike GS
35 years experience English Solicit
1,198 satisfied customers
I wanted to know if I need to complete the certificate of
I wanted to know if I need to complete the certificate of service on the N5B form. I am a private landlord applying for possession order on section 21 grounds.Also, I served the section 21 to my tenan… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Team, I have had my house repossessed it was in a joint
Hi team, I have had my house repossessed it was in a joint Mortgage with my estranged wife. We have been separated over 5 years. The house has been sold and there is Apprx £30,000 left to be split wit… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
Subject: Neighbour wants to install gas flue inspection
Subject: Neighbour wants to install gas flue inspection hatches in my bedroom Hello Hope you are well. I hope you can help me out with a query that I have, I own a flat which is part of a criss-cross … read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
I was in a process of purchasimg a property.paid the
hi. I was in a process of purchasimg a property.paid the deposit. then recieved an email from my solicitor to release more funds. which I did. then another that the fund was returned. and pay more mon… read more
JG_Legal
JG_Legal
Barrister
Legal Practice Course
36 satisfied customers
I'm looking for more information on adverse possesion. We
I'm looking for more information on adverse possesion. We have unregistered land adjoining our property and are looking to know how to claim it. Also wondering if we have to go down the adverse posses… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x