Table of Contents
When you enter into a commercial lease, there may be confusion over whether or not the lease includes a car parking space for the tenant’s use during the lease term. This will be a bonus for a commercial tenant, as they can allow customers to use it to encourage trade for their business. However, it is essential to understand a tenant’s rights when parking vehicles on the commercial premises. This article explains the importance of reviewing parking rights in a commercial lease.
Lease Agreement
A commercial lease agreement is a legally binding contract between a commercial landlord and their tenant concerning the property the landlord leases to the tenant. It contains crucial details of the lease, such as the:
- lease term;
- amount of rent the tenant pays;
- parties’ rights; and
- parties’ responsibilities.
A commercial lease agreement may also state the tenant’s ability to park at the commercial property. This can be crucial in defining the terms of a tenant’s car parking rights in the commercial lease.
Do You Have Parking Rights?
Parking rights will depend on the commercial premises and the exact wording of your lease agreement. While the property may have a car park attached to it, this does not automatically grant you parking rights. Therefore, reviewing your commercial lease is critical to ensure it matches your expectations.
Below, we explore common kinds of parking rights in a commercial lease.
Right to Your Own Space
If a commercial premises appears to have parking spaces on the land, you need to know your rights regarding these. You need to understand if you have a right to access or use these. Where you do, check whether this is an exclusive right or a shared right. Your lease agreement will detail if any car parking spaces are part of your premises. Always consult your landlord and lease agreement to confirm which areas of the property you enjoy exclusive possession of.
Where you have exclusive possession of car parking spaces as part of your commercial lease, you will probably be responsible for repairing and maintaining them.
Right to Park
Where your commercial premises, or the land it is on, contains parking, rather than having your own space as part of your demolished premises, you may have a right to park instead. This is usually a contractual right within your commercial lease agreement.
Notably, there is a difference between a general and an exclusive right. A general right means you can park your vehicle where space is available on a first-come, first-served basis. However, an exclusive right means that you or anyone you allow as part of your business has the right to park in a specific space throughout your lease term.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Do You Have an Easement?
When you have a right to park over land but do not own a specific space, this may be an easement. An easement is a general right to access and use land while the legal title remains with the owner. In the context of parking, you might have a right to park your vehicle in a specific area and keep it there without legal consequences.
Determining whether an easement is part of the commercial property can be complex. It is best practice to allow a qualified lawyer to review your commercial lease. Otherwise, you risk trespassing on the property if you park your vehicle in a space that you do not own.
Protecting Your Exclusive Space
Where you enjoy an exclusive right to park or your own parking space as part of your commercial lease, it is wise to protect this to avoid disputes with others. For example, you may consider:
- erecting a sign;
- adding paint markings; and
- putting up bollards or chains.
If your landlord agrees to any of the above, you should record this in your lease agreement.
This cheat sheet outlines what you should be aware of in your lease agreement.
Key Takeaways
As a commercial tenant, understanding your parking rights in a lease is important. There are different kinds of parking rights, such as the right to own a parking space, a general right to park on a general or an exclusive right.
If you need help reviewing your commercial lease, our experienced leasing lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
We appreciate your feedback – your submission has been successfully received.
