Tenancy at Will for Car Parking Space
This Tenancy at Will for Car Parking Space should be used where a Landlord wishes to allow a Tenant to use a parking space on a temporary basis. This might be because the parties are in the process of negotiating a formal lease or because the Landlord has other long-term plans for the land and is happy for a Tenant to occupy it in the short term.
A Tenancy at Will does not have a fixed term. Instead, the arrangement continues until it is terminated by one of the parties. There is no notice period so termination happens with immediate effect. The Tenant has no security of tenure and can be required to leave the premises at any time.
Because a Tenancy at Will is a very short-term arrangement the document is very light on detail. If the arrangement is to last more than a few months a lease should be used instead.
The parking space could be a space on its own or a space within a larger car park. This Tenancy at Will document is suitable for both situations.
The Tenant may be a company or an individual. This Tenancy at Will caters for either scenario.
Clause 1 contains the definitions. The definition of Premises makes optional reference to a plan. It is recommended that a plan is included, showing the Premises edged red, so that the extent of the Premises is clear.
A definition of “Permitted Hours” can be included if the Landlord wishes to limit the hours during which the parking space can be used. For example, the parking space may only be available during the working week or only for limited hours.
The “Rent” should include a charge for any services provided by the Landlord. There is no separate service charge. Provision of services is covered in Clause 4.
Clause 2 is the grant of the Tenancy at Will.
Clause 3 contains the Tenant’s covenants. These cover payment of rent and other outgoings, use, alterations, alienation (no assignment is permitted) and the Landlord’s right of entry.
Clause 4 contains a covenant by the Landlord to allow the Tenant to access the Premises via the Landlord’s adjoining land (if necessary). There is also an optional clause in which the Landlord can covenant to provide facilities and services, such as maintaining the surface of the car parking space and providing barriers or security staff. As there is no service charge, the Rent should include a charge for any services provided by the Landlord.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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