Parking Space Rental Agreement (Scotland) - Form Pro · UK-law
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The parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek independent legal advice before signing.
PARKING SPACE LEASE AGREEMENT
for the Private Sector in Scotland
This PARKING SPACE LEASE AGREEMENT is made on: ________
BETWEEN
§ 1. PARTIES
A. Owner:
________ whose address is at:
________
(hereafter "the Owner")
B. Tenant:
________ whose address is at:
________
(hereafter "the Tenant")
The parties have agreed and do hereby agree as follows:
§ 2. DEFINITIONS AND INTERPRETATION
A. Definitions
In this Agreement, unless there is something in the subjects or context inconsistent therewith:
I. "Agreement" means these presents and any document which is supplemental thereto or which is expressed to be collateral herewith or any document which is entered into in accordance with this Agreement;
II. "Property" means the property owned by the Owner at the following address:
________
III. "Parking Space" means the allocated space at the Property owned by the Owner which the Tenant shall lease under this Agreement;
IV. "Vehicles" means the private motor vehicles with the following registration numbers:
________
V. "Owner" means the person specified to be Owner and any and all persons deriving title from the Owner;
VI. "Tenant" means the designated Tenant under this Agreement, and where so permitted any assignees or sub-tenants as permitted under this Agreement, and any personal representatives of the Tenant;
VII. "the period of this Agreement" or any variation thereof means the duration for which this lease of the Parking Space is granted to the Tenant as specified in this Agreement together with any continuation of that duration;
VIII. "the start date of this Agreement" or any variation thereof means the ________;
IX. "Data Protection Laws" means all laws, statutes, legislation, orders, regulations or any other rules applicable to the processing of personal data to which a party to this Agreement is subject, including the UK General Data Protection Regulation and the Data Protection Act 2018 and any modification thereof;
X. "Jointly and Severally Liable" means that, where more than one individual is the Owner or the Owner is a firm of partners, each partner or individual shall be fully liable for the obligations of the other partners or individuals to the Tenant as set out under this Agreement; and where the Tenant is a firm of partners or more than one individual, each partner or individual shall be fully liable for the obligations of the other partners or individuals to the Owner as set out under this Agreement;
XI. "Rent" means the amount payable by the Tenant to the Owner as set out under this Agreement.
B. Interpretation
I. Words importing the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.
II. Words importing the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Tenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Tenant shall be binding jointly and severally upon them and their respective representatives and executors.
III. Words importing persons, where that person is not the Tenant, include companies and vice versa.
IV. Reference to any Act of Parliament shall include any modification, re-enactment, amendment or extension thereof for the time being in force and shall also include all orders, plans, regulations, directions, permissions, byelaws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.
V. Where any obligation placed on the Tenant under this Agreement provides for the Tenant not to do an act or thing, this shall include an obligation not to permit such act or thing to be done and to prevent any such act or thing being done by a third party.
VI. Any reference to the necessary consent or approval of the Owner, or words and phrases of similar effect, shall mean the consent or approval of the Owner in writing executed by or on behalf of the Owner.
VII. Where there is any reference to the right of the Owner to have access to the Parking Space, this shall be understood to extend to any persons authorised to do so on behalf of the Owner, including but not limited to workmen, contractors, agents and professional advisers.
§ 3. PURPOSE
This Agreement grants the Tenant the right to use and park their Vehicles in the Parking Space owned by the Owner in exchange for the Rent specified in this Agreement.
§ 4. ALLOCATION OF THE PARKING SPACE
A. The Tenant must park the Vehicles in the Parking Space at the Property which the Owner, at its sole discretion from time to time, allocates to the Tenant. The allocation may be changed by the Owner without prior notice at any relevant time, and nothing in this Agreement shall be construed as conferring upon the Tenant any exclusive right to use any particular space at the Property.
B. The Tenant must park the Vehicles in the parking space at the Property specified as follows:
________
§ 5. PERIOD OF THE AGREEMENT
Under the terms of this Agreement the Tenant shall be permitted to park their Vehicles in the Parking Space from the ________, and this Agreement shall continue on a rolling monthly basis from this date until notice is given by either party to terminate the Agreement. Either party may terminate this Agreement by serving notice on the other party a minimum of ________ before the date on which they wish this Agreement to terminate.
§ 6. RENT
A. Rent shall be payable by the Tenant to the Owner for the use of the Parking Space on a weekly basis. The Tenant shall pay to the Owner the Rent of £________ (________) each week for the duration of this Agreement, with the first payment being due on or before the ________ and each subsequent payment covering the week immediately following the one in which payment is made.
B. The method by which the Tenant shall pay the Owner is: ________. This shall be the standard and preferred method of payment under this Agreement. Rent may be paid using another method under reasonable circumstances and where the Tenant has agreed this with the Owner prior to payment being made.
C. Where the Tenant fails to pay Rent to the Owner, the Owner may serve upon the Tenant a notice for payment or removal from the Parking Space. In the event that the Tenant is in arrears of Rent, the Owner reserves the right to suspend the Tenant's right of access to the Parking Space.
§ 7. KEYS AND SECURITY DEVICES
A. The Owner shall provide the Tenant with any keys, access code or security device necessary to gain access to the Parking Space during the period of this Agreement.
B. The Tenant shall return any keys, access code or security device to the Owner upon the termination of this Agreement or where directed to do so by the Owner. Where any keys, access code or security device is lost by the Tenant, the cost of replacing the lost item shall be borne by the Tenant.
§ 8. TENANT'S OBLIGATIONS
A. To pay Rent
To pay the Rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.
B. To keep the Parking Space clean and tidy
At all times during the period of the lease to keep the Parking Space in a clean and tidy condition and in a state clear of all rubbish and debris.
C. To permit entry to the Owner and to others
To allow and permit the Owner, and any other persons authorised by the Owner, at all reasonable times with or without workmen, and where the Tenant has been given reasonable notice (except in cases of emergency), to enter the Parking Space to inspect and examine the state of repair and condition of the Parking Space and of any apparent dilapidations and to exercise the rights reserved to the Owner under this Agreement.
D. Not to introduce dangerous things
E. Restrictions on fuel
The Tenant must not take onto or keep at the Parking Space, the Property or any part thereof any petrol, diesel or lubricating oil other than that contained in the tank and engine of the Vehicles.
F. Not to harm drains
Where the Parking Space is in close vicinity to any drains, watercourses or sewers, the Tenant shall not allow to pass into such drains, watercourses or sewers any deleterious or noxious effluent or substance which may cause obstruction or damage; and where any obstruction or damage to any drains, watercourses or sewers is found to result from the actions of the Tenant and has an adverse effect on the Parking Space, the Property or any part thereof, the Tenant shall make good all such damage to the reasonable satisfaction of the Owner.
G. Not to use the Parking Space otherwise than for the specified purpose
The Tenant shall not use the Parking Space, the Property or any part thereof other than for its specified purpose and use as set out under this Agreement, and shall not carry on, use or permit the Parking Space to be used for any noisy, offensive or dangerous trade, manufacture, business or occupation, nor for any illegal or immoral purpose, nor do or suffer to be done on the Parking Space any act or thing which in the reasonable opinion of the Owner may become a nuisance, annoyance, damage, disturbance or inconvenience to the prejudice of the Owner or to the occupiers or owners of any adjoining or neighbouring properties, nor make or suffer to be made any common parts of the Parking Space, the Property or any part thereof untidy, littered or obstructed; and to use the Parking Space and any common parts with the utmost consideration for all other occupiers; and to keep the Owner fully indemnified against all actions, proceedings, damages, costs, expenses, demands and claims whatsoever arising out of or in consequence of any breach or non-observance of the foregoing obligations; and, without prejudice to the foregoing generality, not to use or permit the Parking Space to be used otherwise than for parking and keeping the Vehicles under the terms and conditions herein contained.
H. Not to acknowledge any third party rights
Not to allow or give any acknowledgment to third parties that the Tenant enjoys any right of access to the Parking Space and the Property or any part thereof due to the consent of such third party, nor to pay any sum of money to or enter into any agreement with a third party with the intention of binding or inducing such third party to refrain from obstructing the right of access; and in the event of any of the owners or occupiers of adjacent land or buildings doing or threatening to do anything which obstructs the access of the Tenant, to notify the Owner of this and to permit the Owner to bring such proceedings as it may deem appropriate in respect of the obstruction of access to the Parking Space and the Property.
I. To notify the Owner of damage to the Parking Space
Where the Parking Space is subject to any damage or destruction, the Tenant shall give notice of this to the Owner immediately, providing details of the extent and scale of any such damage or destruction and the cause thereof.
J. To inform the Owner of defects
To inform the Owner immediately where any defect is found in the Parking Space, the Property or any part thereof.
K. To insure the Vehicles
The Tenant shall at all times keep their Vehicles to be kept and parked at the Property insured during the course of this Agreement in accordance with the Road Traffic Act 1988. Where reasonably requested by the Owner, the Tenant shall produce evidence of their Vehicles being correctly insured.
§ 9. OWNER'S OBLIGATIONS
A. To give quiet enjoyment
The Owner shall permit the Tenant, having paid the Rent herein stipulated and having performed and observed all the obligations and undertakings on the part of the Tenant set out under this Agreement, peaceably and quietly to hold and enjoy the use of the Parking Space during the period of this Agreement without any lawful interruption or disturbance by the Owner or any person lawfully claiming through, under or in trust for the Owner.
B. To keep the Parking Space in repair
The Owner shall keep and maintain the structure and surface of the Parking Space, the Property and any common parts thereof in a reasonable state of repair and condition throughout the period of this Agreement, save where any damage thereto has been caused by the act, neglect, default or omission of the Tenant or any person for whom the Tenant is legally responsible.
C. To provide access
The Owner shall ensure that the Tenant is provided with reasonable access to and egress from the Parking Space during the period of this Agreement in order that the Tenant may exercise the rights granted under this Agreement.
D. To insure the Property
The Owner shall keep the Parking Space, the Property and any part thereof insured against loss or damage by the usual insured risks to their full reinstatement value with a reputable insurer and shall, where reasonably requested by the Tenant, produce evidence of such insurance being in force.
E. To pay outgoings
The Owner shall pay and discharge all existing and future rates, taxes, duties, charges, assessments, impositions and outgoings whatsoever which are now or may at any time hereafter during the period of this Agreement be charged, assessed or imposed upon the Parking Space or the Property, save in respect of any such outgoings which arise solely as a result of the Tenant's particular use of the Parking Space.
§ 10. PROVISOS
A. Irritancy
B. No implied servitudes
Nothing contained within this Agreement shall by implication of law or otherwise operate or be regarded as conferring upon the Tenant any servitude, right or privilege whatsoever over or against any neighbouring or adjoining properties which now or may hereafter belong to the Owner and which would or might restrict or prejudicially affect the future rebuilding, alteration or development of any such adjoining or neighbouring property; and the Owner reserves the right at any time to make such alterations to, or to demolish and redevelop or rebuild, any such adjoining property as it may deem fit without obtaining any consent from or making any compensation to the Tenant.
C. No restrictions on adjoining property
Nothing contained within this Agreement shall imply or impose, or be deemed to impose, a restriction of any kind on the use of any land, building or premises not accounted for in this Agreement, nor shall anything contained within this Agreement grant the Tenant the benefit of or the right to enforce, or to allow the release or modification of, any agreement, condition or undertaking entered into by any purchaser from or by any tenant or occupier of the Owner relating to any property which is not accounted for within this Agreement, or to prevent, hinder, impede or restrict in any way the development of any land not accounted for in this Agreement, but not so as to interfere with or affect the peaceful enjoyment and use of the Parking Space by the Tenant.
D. Cessor of Rent
Where in any case the Parking Space, the Property or any part thereof shall be destroyed or become so damaged by means of an insured risk, a force majeure event or any other event that the Parking Space, the Property or any part thereof becomes unfit for occupation or use, and any applicable insurance policies have not been vitiated and any payment of sums due under the policies has not been refused in whole or in part as a result of any act or default on the part of or allowed by the Tenant, then all Rent stipulated under this Agreement, or a reasonable, fair and just proportion thereof commensurate with the nature and extent of the damage sustained, shall be suspended and cease to be payable, and this Agreement may be terminated forthwith and all rights and interests granted to the Tenant under this Agreement shall be revoked.
E. Notices
Any notice, request or consent under this Agreement shall be made in writing. Any notice to the Tenant shall be sufficiently served if sent by recorded delivery post (where the Tenant is an incorporated body) to its registered office, or (where the Tenant is a person) to their last known address in the United Kingdom, and (where the Tenant is a firm) to the firm and any one or more of the partners thereof, and in any other case if delivered to the Tenant at the Parking Space. Notices to the Owner (where the Owner is an incorporated body) shall be deemed sufficiently served where sent by recorded delivery post to its head or registered office, and (where the Owner is a person) where sent by recorded delivery post to them at their last known address in the United Kingdom. Any notice shall be deemed served at the expiry of two days after the day of posting. In order to prove service of any such notice it shall be sufficient to prove that the envelope containing the notice was duly addressed to the Tenant or the Owner (as the case may be) in accordance with this Clause and posted to the relevant location to which it was addressed.
F. Demand for Rent
Any demand for Rent or any acceptance of Rent, or any other sum due and payable by the Tenant under this Agreement, by the Owner or its agent with knowledge of any breach of the obligations on the part of the Tenant under this Agreement, shall not be or be considered to be a waiver, wholly or partially, of any such breach. Any breach of obligations by the Tenant shall be considered a continuing breach, and the Tenant and any person in possession of or holding any interest under or through the Tenant shall not be entitled to set up any such demand for or acceptance of Rent by the Owner or its agent as a defence in any action for irritancy or otherwise.
§ 11. ASSIGNATION AND SUB-LETTING ETC.
At no time during the period of this Agreement shall the Tenant assign, sub-let or otherwise dispose of, or for any purpose in any way deal with, the Tenant's interest in, or part with or share possession or occupation of, the Parking Space or any part thereof without the prior written consent of the Owner.
§ 12. DATA PROTECTION
Each party shall comply with its respective obligations under the Data Protection Laws. The Owner shall process any personal data of the Tenant (including name, address and Vehicle registration numbers) solely for the purposes of administering this Agreement and complying with its legal obligations, on the lawful bases of the performance of this contract and its legitimate interests, and shall retain such data only for so long as is necessary for those purposes.
§ 13. RIGHTS OF THIRD PARTIES
Save as expressly provided herein, a person who is not a party to this Agreement shall have no right under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this Agreement.
§ 14. SEVERABILITY
Where any competent body of authority finds any clause, provision, undertaking, condition, obligation, term or other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or other stipulation shall be severed from the remainder of the Agreement, and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and other stipulations shall remain in effect and valid to their fullest extent as permitted by law.
§ 15. LAW OF SCOTLAND TO APPLY
This Agreement shall be interpreted and construed in accordance with the Law of Scotland, and any dispute, difference or question of any kind which shall or may arise between the parties to this Agreement shall be determined in accordance with the Law and Courts of Scotland.
§ 16. CONSENT TO REGISTRATION
The parties consent to registration hereof for preservation and execution. IN WITNESS WHEREOF these presents are subscribed by the parties as follows:
Subscribed by the Owner
Signature of ________: __________________________
Date: ________
At (place): ________
Before this witness:
Witness signature: __________________________
Witness full name: ________
Witness address: ________
Subscribed by the Tenant
Signature of ________: __________________________
Date: ________
At (place): ________
Before this witness:
Witness signature: __________________________
Witness full name: ________
Witness address: ________
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