Q&As

Where a residential lease is sold which contains a right to use a parking space which has previously been removed by deed (but not registered) should the landlord or former tenant have disclosed this deed and what are the new tenant’s remedies?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 05 September 2016
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Case study

A residential Lease contains a right to Use a parking space. Following completion of a sale of the lease, a Deed of variation between the landlord and former tenant, removing this right, comes to light. The deed includes an obligation on the former tenant to register the deed, but this was never done. The deed is therefore not on the title, nor was it referred to in the particulars of sale.

  1. •

    should either the former tenant or the landlord have disclosed the deed?

  2. •

    what are the new tenant’s remedies?

The exact nature of the right to use the parking space could potentially form part of the demise, or it could amount to an easement, or a licence.

However, it is likely that the parking space was granted by express easement.

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Lease definition
What does Lease mean?

A contract that creates a relationship of landlord and tenant.

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