I own an apartment in one of the new developments in Cardiff Bay where each resident is provided with a parking space. I don’t drive and want to rent out my space to one of the other tenants who has two cars. Can I do this?
Before you do anything you must consider very carefully the terms of your Lease. Many leases will contain the right to use a car parking space allocated to the flat rather than a parking space being included in the demised premises.
This is intended to specifically avoid situations where the tenant may assign his garage, or parking space, separately to a third party who may not even live on the development, as this can cause substantial technical legal issues as there will be no legally binding relationship between the landlord of the development and the person who acquires the parking space.
It is probable that the best you can hope for is an informal arrangement with a neighbour, but you must ensure that any such arrangement is authorised by the terms of your Lease.
You are strongly advised to seek the advice of a solicitor before making any such commitment as any breach of your leasehold covenants could ultimately result in the landlord forfeiting your entire Lease, and not just that part which relates to the parking space.
If there are separate leases for each of the flat and parking space then your proposals may be more likely to succeed.
* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email firstname.lastname@example.org