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Retail landlord restricting site tenants from car park

  • 16-03-2013 10:03am
    #1
    murzim
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi, I'm a shop owner in a mall (containing about a dozen other stores and one large supermarket). The mall management just sent out a letter saying that site tenants are no longer permitted to use the car park outside.

    Is this allowed? I understand that it's their car park but can they just ban the owners of the shops from using the car park?


Comments

  • #2
    carpejugulum
    Registered Users, Registered Users 2 Posts: 523 ✭✭✭carpejugulum


    look at your agreement


  • #3
    murzim
    Registered Users, Registered Users 2 Posts: 3 ✭murzim


    carpejugulum wrote: »
    look at your agreement

    If there's nothing in the agreement about it? DO they not have some sort of duty to their tenants?


  • #4
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭loremolis


    murzim wrote: »

    If there's nothing in the agreement about it? DO they not have some sort of duty to their tenants?

    Look at your agreement and then consult with a silicitor.

    If its important enough for you to ask a question here, a question that no one can answer because of the lack of information ( and the fact that you're looking for legal advice), then surely it's worth your while asking a solicitor about the matter.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    You do realise that if staff / tenants fill the car park that fewer / no customers can use it?

    http://www.boards.ie/vbulletin/showthread.php?p=83666333


  • #6
    murzim
    Registered Users, Registered Users 2 Posts: 3 ✭murzim


    Victor wrote: »
    You do realise that if staff / tenants fill the car park that fewer / no customers can use it?

    http://www.boards.ie/vbulletin/showthread.php?p=83666333

    I can understand staff, because there would be dozens of them, but tenants (as in the owners)... is there a difference? Just seems odd an unfair for them to start telling us we're no longer allowed use the parking after so many years of it not being an issue (and it's not as though there are more people now than in the past either).


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  • #7
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    murzim wrote: »
    I can understand staff, because there would be dozens of them, but tenants (as in the owners)... is there a difference? Just seems odd an unfair for them to start telling us we're no longer allowed use the parking after so many years of it not being an issue (and it's not as though there are more people now than in the past either).

    If it meant that much, you should have arranged for it to be included in the lease agreement for the unit. Something such as a non exclusive licence to use th ecar park in respect of [X] vehicles. Has there been any correspondence on the point when the unit was let? Could it be regarded as an implied term of the contract? HAs you relationship with the landlord disimproved? Have some of the unitholders been taking the p1ss with respect to using it for storage of vehicles?


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