Q&As

A single lease of a number of car parking spaces does not prohibit assignment of part, but simply requires the tenant to provide notice of the assignment. The tenant has assigned individual parking spaces with individual flats. The lease provides for a fixed proportion of the service charge to be paid by the tenant. Management is deal with by a right to manage company. In light of the assignments, how should apportionment of the service charge be dealt with? What is the situation once all the parking spaces have been assigned?

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Published on LexisPSL on 14/08/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A single lease of a number of car parking spaces does not prohibit assignment of part, but simply requires the tenant to provide notice of the assignment. The tenant has assigned individual parking spaces with individual flats. The lease provides for a fixed proportion of the service charge to be paid by the tenant. Management is deal with by a right to manage company. In light of the assignments, how should apportionment of the service charge be dealt with? What is the situation once all the parking spaces have been assigned?

Sections 9 and 10 of the Landlord and Tenant (Covenants) Act 1995 cover the apportionment of liability under covenants binding both the assignor and assignee of a tenancy or reversion and the procedure for making an apportionment bind another party to lease.

The assignor and the assignee remain bound by covenants to pay rent or a service charge which is charged on the whole property, but they can agree between themselves how the liability is to be shared.

The apportionment may bind the other party to the lease if a notice is served either before or within four weeks beginning with the date of the ass

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