Car parking allowances under the Landlord and Tenant Act?

December 29 , 2010
December 29 , 2010

Car parking allowances under the Landlord and Tenant Act?

The Landlord and Tenant Act is a statutory code which regulates tenancy agreements for residential and business properties.

Landlord is the person who rent its property to the person called a tenant who takes the home as a rent. The Landlord Tenant Act is in place to govern the rental of both the commercial and residential properties. The contents of the Landlord and Tenant Act are based on the state’s common law so there will be differences in the Act between various regions.

When a contract is drawn up between two parties over a tenancy agreement, under the Landlord and Tenant Act, various clauses can be factored in which including car parking spaces. Should problems arise in relation to these clauses/conditions then the following procedure will be followed:

  • The contract will be referred to; should there be a clause which mentions car parking space allocation then a Tenant will be able to claim some form of compensation if this clause has not been met.
  • One remedy for this is financial, for example a reduction in the rent.
  • Only in some circumstances would the matter be sufficiently serious so as to bring the tenancy to an early end.
  • Should there be no mention of car parking space allocation in the Tenancy Agreement then the Tenant will have no right to claim.

There may be specific situations where car parking may be mentioned when the Tenancy Agreement is being drawn up but not specifically factored into the contract. Under the Landlord and Tenant Act, actions can be bought against parties for to force performance of contract terms but if there are no formal arrangements in place then, with respect to car parking arrangements but this may apply to other agreements, then other forms of legal action can be pursued.

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