Parking Space Rental Agreement - Template, Sample Form Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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This Agreement is a legally binding document. It should be read carefully to ensure that it includes everything the parties deem necessary and nothing either party is not prepared to agree to. Where either party is unsure of their obligations and responsibilities under this Agreement, it is recommended that they obtain independent legal advice before signing.
PARKING SPACE LICENCE AGREEMENT
COMMENCEMENT DATE: ________
THIS AGREEMENT IS MADE BETWEEN:
1. The Owner
________ of:
________
(hereafter "the Owner").
2. The Licensee
________ of:
________
(hereafter "the Licensee").
RECITALS:
(A) The Owner is the owner of, or otherwise entitled to grant rights of parking over, the Allocated Space at the Property.
(B) The Owner has agreed to grant to the Licensee a personal, non-exclusive licence to park the Permitted Vehicle in the Allocated Space on the terms and conditions set out in this Agreement.
(C) It is the intention of the parties that this Agreement creates a licence only and not a lease or tenancy, and that no exclusive possession of any part of the Property is granted to the Licensee.
THE PARTIES AGREE AS FOLLOWS:
3. Definitions and interpretation
3.1. Definitions:
3.1.a. "Permitted Vehicle" means the private motor vehicle specified by the Licensee to the Owner, being a vehicle of registration mark ________ and description ________, or such replacement vehicle as the Owner may approve in writing.
3.1.b. "Agreement" means this document and all terms and conditions contained herein.
3.1.c. "Licence" means the personal, non-exclusive licence to occupy conferred by this Agreement.
3.1.d. "Property" means the premises situate at:
________
3.1.e. "Allocated Space" means the parking area at the Property described as:
________
or any other area which the Owner may allocate to the Licensee on notice from time to time, at the Owner's sole discretion.
3.1.f. "Insured Risk" means fire, lightning, explosion, storm, flood, escape of water, impact and such other risks against which the Owner may from time to time insure the Property.
3.1.g. "VAT" means value added tax chargeable under the Value Added Tax Act 1994 or any similar replacement or additional tax.
3.1.h. "Working Day" means any day other than a Saturday, Sunday or bank or public holiday in England and Wales.
3.2. Interpretation:
3.2.a. Words indicating one gender include all other genders; words indicating the singular include the plural and vice versa; and words indicating persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
3.2.b. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and includes any subordinate legislation made under it.
3.2.c. Clause headings are for convenience only and shall not affect the construction of this Agreement.
4. Grant of Licence
4.1. The Owner grants to the Licensee a personal, non-exclusive licence to park the Permitted Vehicle in the Allocated Space at the Property, subject to the terms of this Agreement and to the Owner's discretion as provided herein.
4.2. The Owner reserves the right at any time to use and occupy the Allocated Space and to require the Licensee to move the Permitted Vehicle to an alternative space at the Property.
4.3. Nothing in this Agreement shall be construed as conferring on the Licensee any exclusive right to use the Allocated Space, or any particular space, at the Property.
4.4. This Agreement and the Licence granted under it are personal to the Licensee. Nothing in this Agreement shall create the relationship of landlord and tenant between the parties, nor confer on the Licensee any estate, interest or right of exclusive possession in the Property or the Allocated Space. The parties acknowledge and intend that this Agreement creates a licence only.
5. Term
5.1. The Licence shall commence on the Commencement Date and shall continue on a weekly basis until terminated in accordance with the provisions of this Agreement.
6. Licence Fee and Payment
6.1. The Licensee must pay to the Owner a licence fee of £________ (________) per week. The first payment shall be made on the Commencement Date, and thereafter payment shall be due on the same day of each calendar week as that on which this Agreement commenced for the duration of this Agreement. For example, if the Agreement commences on a Friday, payment shall be made each Friday thereafter.
6.2. The Licensee shall make payment to the Owner as follows:
________
6.3. All sums payable under this Agreement shall be paid without deduction, set-off or counterclaim, and time shall be of the essence in respect of payment.
7. VAT
All sums due to be paid by the Licensee under this Agreement are expressed exclusive of VAT, and the Licensee must, in addition, pay the full amount of any VAT or other similar tax chargeable on those sums upon production by the Owner of a valid VAT invoice.
8. Use and Nuisance
8.1. The Licensee must not run the engine of the Permitted Vehicle whilst it is at the Property except as necessary for entering or leaving the Property and parking at the Property, and must not do anything on or in the Property that may reasonably be likely to cause a nuisance, damage, discomfort or annoyance to the Owner or to any occupant of nearby premises or user of the Property, nor allow anyone under the Licensee's control to do so.
8.2. The Licensee must use the Allocated Space solely for the parking of the Permitted Vehicle and for no other purpose, and must comply with all reasonable rules and regulations notified to the Licensee by the Owner from time to time.
9. Restrictions on fuel
The Licensee must not take onto or keep at the Property any petrol, diesel or lubricating oil other than that in the tank and engine of the Permitted Vehicle, nor carry out any repair, maintenance or cleaning of any vehicle at the Property save in the case of emergency.
10. Fire precautions, damage and indemnity
10.2. The Licensee shall be responsible to pay the cost of any damage caused to the Property as a result of the acts or omissions of the Licensee or of any person connected with the Licensee, and shall be liable to meet the costs of reinstating the Property to a condition satisfactory to the Owner, or to the condition the Property was in before such damage occurred.
11. Licensee's Vehicle and Liability
11.1. The Permitted Vehicle and any contents are left at the Property entirely at the Licensee's own risk. The Owner shall not be liable for any loss of or damage to the Permitted Vehicle or its contents, save to the extent that such loss or damage is caused by the negligence of the Owner.
11.2. Nothing in this Agreement shall operate to exclude or limit the liability of either party for death or personal injury caused by that party's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
12. Assignment and sub-licensing
The Licensee must not assign, sub-licence, charge, share or part with the benefit of this Agreement or the Licence granted under it, in whole or in part, and must not permit any other person to use the Allocated Space or park any vehicle other than the Permitted Vehicle at the Property, without the prior written consent of the Owner.
13. Termination
13.1. Either party may terminate this Agreement at any time by giving the other party not less than one week's notice in writing.
13.2. Upon termination of this Agreement for any reason, the Licensee must immediately cease to use the Allocated Space and remove the Permitted Vehicle and any of the Licensee's belongings from the Property.
13.3. If the Licensee fails to remove the Permitted Vehicle within a reasonable period following termination, the Owner may, on reasonable notice, remove and store the Permitted Vehicle at the Licensee's risk and expense, subject to the Owner's compliance with the Torts (Interference with Goods) Act 1977.
14. Default and breach of Agreement
14.1. If during the period of this Agreement any amount payable by the Licensee shall be in arrears for more than ________ days after it has become due, the Owner shall be entitled to terminate this Agreement with immediate effect by notice in writing.
14.2. If there is any material breach of any obligation or undertaking contained in this Agreement by the Licensee which is not remedied within a reasonable time of written notice requiring it to be remedied, the Owner shall be entitled to terminate this Agreement with immediate effect.
14.3. Where this Agreement is terminated by the Owner for any reason under this clause, the Owner shall be entitled to take such steps as are reasonably required to prevent the Licensee from using or accessing the Allocated Space.
14.4. Termination of this Agreement shall be without prejudice to any rights, remedies or liabilities of either party which have accrued prior to the date of termination.
15. Insurance
15.1. The Owner holds an insurance policy in relation to the Property ("the Insurance Policy").
15.2. A certificate of insurance in respect of the Insurance Policy can be provided to the Licensee upon request.
15.3. The Licensee must not do anything that will or may invalidate the Insurance Policy or increase the premiums payable under it.
15.4. The Licensee must maintain in force a valid motor insurance policy in respect of the Permitted Vehicle in accordance with the requirements of the Road Traffic Act 1988.
16. Force Majeure
17. Data Protection
17.1. Each party shall comply with its obligations under the UK General Data Protection Regulation and the Data Protection Act 2018 in respect of any personal data processed in connection with this Agreement.
17.2. The Owner shall process the Licensee's personal data only for the purposes of administering this Agreement, managing the use of the Allocated Space and complying with its legal obligations, and shall not retain such data for longer than is necessary for those purposes.
18. Notices
18.1. Any notice to be served on the Licensee may be served by first class post, properly stamped and correctly addressed to the last known address of the Licensee.
18.2. Any notice to be served on the Owner shall be sent by first class post, properly stamped and correctly addressed to the address provided above.
18.3. Any notice, if sent by post, unless returned undelivered, will be deemed to have been served within 2 Working Days after posting whether or not it is in fact received.
18.4. The parties may agree to accept service to a designated email address, provided that this is explicitly agreed in writing. The Licensee's email address for this purpose is ________ and the Owner's email address is ________.
18.5. Any notice, if sent by email, will be deemed to be received 48 hours following transmission, provided no notice of delivery failure is received.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and arrangements relating to its subject matter. Each party acknowledges that it has not relied on any statement or representation not expressly set out in this Agreement.
20. Variation and Waiver
20.1. No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the parties.
20.2. No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that or any other right or remedy.
21. Severance
If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement, and the enforceability of the remainder of this Agreement shall not be affected.
22. Contracts (Rights of Third Parties) Act 1999
This Agreement shall not operate to confer any rights on any third party, and no person other than the parties to it may enforce any provision of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
23. Governing Law and Jurisdiction
23.1. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the law of England and Wales.
23.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
Signed by the following parties:
Owner
SIGNED:
__________________________
________
DATE OF SIGNATURE:
________
Licensee
SIGNED:
__________________________
________
DATE OF SIGNATURE:
________
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