Help settle a bar stool argument?

Lachako

Hello Legal Eagles

I'm wondering if anyone can help me settle an argument, I'm not seeking legal advice as this is a hypothetical scenario, but I'd still like to hear peoples opinions as I have no background in law.

Scenario: A person has a lease on an apartment in a multi unit residential complex, with a shared/communal car park. There is no mention on the lease of a car parking space. In the lease it says that no part of the dwelling can be sub-let and then defines dwelling as including "any out office, yard, garden or other land appurtenant to the Dwelling or usually enjoyed with it".

$64 million dollar point of argument: Would a car park space, even if it not specifically designated, or mentioned in the lease (i.e. it is a first come first served car park) come under the definition of Dwelling? Put simply; could a car park space in a residential communal car park be considered as land appurtenant to the Dwelling, therefore making any act of sub-letting such a car park space, a breach of the tenant's lease?

Any and all opinions are welcome to add to my armoury in this argument.

Thanks

I would never go to the pub with you if that's your bar-stool argument.

Lachako

Are you fishing for an invitation to come out for a pint? Well I'm sorry but I'd hazard a guess that you'd probably be too busy posting on Boards to be able to fit such trivial matters into your schedule. However that's a different argument.

Thanks for your input though. Good chap.

Well I was typing a longer response but since you've been so polite I'll reword it to the following:

You can't sub-let something you don't own. Communal car parks are a part of the common areas owned by either the developer or, if the property has been completed and the developer takes his duties under the Multi-Units Developments Act seriously, the Operational Management Company.

Now you've been so polite though I have a whole other reason not to want to go for a pint with you. Also, slagging someone for posting on Boards when they are replying to your post on Boards is really clever.

Good chap. Run along now with your "hypothetical".

Lachako

Cheers twerp.