If your neighbours are using your car parking space and allowing their visitors to do so they are likely to be in breach of the terms of the lease. The lease should set out how the covenants can be enforced. It is normally the landlord who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
Download a template for a nuisance letter – asking the landlord to take action
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
The lease may allow the landlord or management company to make regulations to control the car park arrangements or engage a firm to regulate and enforce parking restrictions.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
- Living in Leasehold Flats
- Find a Civil Mediation provider
- More Frequently Asked Questions on Breach of Lease
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