Parking Space Rental Agreement (Scotland) - Form

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 legal advice before signing.

PARKING SPACE RENTAL AGREEMENT

for the Private Sector in Scotland

This PARKING SPACE RENTAL AGREEMENT is made on: ________

BETWEEN

1. PARTIES

A. Owner:

________ whose resident address is at:

________

(hereafter "the Owner")

B. Tenant:

________ whose resident address is at:

________

(hereafter "the Tenant")

The parties have agreed and do hereby agree as follows:

2. DEFINITIONS AND INTERPRETATIONS

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 that is owned by the Owner at the following address:

________

III. "Parking Space" means the allocated space at the Property owned by the Owner that the Tenant shall rent under this Agreement;

IV. "Vehicles" means the private motor vehicles with the following registration numbers:

________

V. "Owner" means the person as 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 that this lease of the Parking Space will be granted to the Tenant for as specified in this Agreement together with any continuation of that duration thereof;

VIII. "the start date of this Agreement" or any variation thereof means the ________;

IX. "Data Protection Laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this agreement is subject to, including the GDPR 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. 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. Interpretations

I. Words which import 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 which import 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 on 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, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws 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 with 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 as to extend this right to any persons authorised to do so on behalf of the Owner including but not limited to workmen, contractors, agents, professional advisors and others.

3. PURPOSE

This Agreement shall give 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 Vehicle in the Parking Space at the Property that the Owner at their sole discretion from time to time allocates to the Tenant. The allocation may be changed by the Owner without previous notice at any relevant time and nothing in this agreement shall be construed as conferring on the Tenant any exclusive right to use of any particular space at the Property.

B. The Tenant must park the Vehicle in the parking space at the Property that is 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 to the other party a minimum of ________ before the date on which they wish this Agreement to terminate.

6. RENT

A. Rent will 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 £________ (________) every week for the duration of this Agreement with the first payment being due on or before the ________ with each subsequent payment covering the week immediately following the one in which payment is made.

B. The method by which the Tenant should 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 shall be able to serve upon the Tenant a notice for payment or removal from the Parking Space. In the event where the Tenant is in arrears of rent the Owner reserves the right to remove the Tenant's right of access to the Parking Space.

7. KEYS AND SECURITY DEVICES

A. The Owner shall provide the Tenant with any necessary keys, access code, or security device which is 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 they are 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 covered 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 that is clear of all rubbish and debris.

C. To permit entry to the Owner and to others

To allow and permit the Owner, and all and any other persons authorised by the Owner, at all reasonable times with or without workmen, where the Tenant has been given reasonable notice (except in cases of emergencies), 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 as set out under this Agreement.

D. Not to introduce dangerous things

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E. Restrictions of 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 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 to any drains, watercourses or sewers and, where any obstruction or damage to any drains, watercourses or sewers is found to be apparent as result of the actions of the Tenant, and this has an adverse effect of the Parking Space, Property or any part thereof, the Tenant shall make good all such damage to the satisfaction of the Owner.

G. Not to use the Parking Space otherwise than for the specified purpose

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H. Not to acknowledge any third party rights

To not 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 a third party and neither shall the Tenant pay any sum of money to enter into any agreement with a third party with the intention of binding or inducing such a 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 the 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 on 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 parts thereof.

K. To insure the Vehicles at the Parking Space

The Tenant shall at all times keep their vehicles insured to be kept and parked at the property during the course of this Agreement. Where so reasonably requested by the Owner, the Tenant shall produce evidence of their vehicle being correctly and necessarily insured to be kept and parked at the Property in the Parking Space.

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 as set out under this Agreement, to peaceably and quietly 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 parts thereof insured against loss or damage by the usual insured risks to their full reinstatement value with a reputable insurer and shall, where so 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

If during the period of this Agreement the rent that is provided for herein shall at any time be in arrears after said rent shall have become due (whether legally demanded or not) or if there is any breach of any obligation or undertaking as contained in this Agreement by the Tenant or where the Tenant becomes insolvent or shall make any arrangement with any creditors or shall suffer any diligence to be brought or levied against the Parking Space or being a company shall go into liquidation whether compulsory or voluntary (except where a solvent company is voluntarily liquidated in order to be amalgamated or reconstructed on terms approved by the Owner in writing) or suffer a receiver or administrator to be appointed then and in any such case it shall be lawful for the Owner to serve notice in writing to the Tenant to bring this Agreement to an end forthwith and to enter the Property and repossess and enjoy the Parking Space and the Property as if this Agreement had never been granted to the Tenant but this shall not be to the detriment of any right of action or remedy of the Owner in respect of the early termination of this Agreement or of any previous breach of any of the undertakings by the Tenant contained in this Agreement, which irritancy is hereby declared to be pactional and not penal, and shall not be puregeable at the Bar.

B. No implied servitudes

Nothing that is contained within this Agreement shall implicate by the law or otherwise operate or be regarded as to confer upon the Tenant any servitude right or privilege whatsoever over or against any and all neighbouring or adjoining properties which now or may hereafter belong to the Owner which would or might restrict or prejudicially affect the future rebuilding, alteration or development of all and any such adjoining or neighbouring property and the Owner shall reserve 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 the land or building or premises not accounted for in this Agreement neither shall anything contained within this Agreement grant the Tenant the benefit of or the right to enforce or have enforced 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 such 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 or any payment of sums due for the policies has not been refused in whole or in part as a result of any act of default on the part of or allowed by the Tenant then all rents that are 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 shall terminate forthwith and all rights and interests granted to the Tenant under this Agreement shall be revoked.

E. Notices

Any reference to any notice, request or consent under this Agreement shall have to be made in writing. Any and all notices 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 Great Britain and Northern Ireland and (where the Tenant is a firm) to the firm and any one or more of the partners thereof and in any other case it shall be delivered to the Tenant at the Parking Space. Notices to the Owner (where the Owner is an incorporated body) shall be deemed to have been sufficiently served where sent by recorded delivery post to its head or registered office and (where the Owner is a person) shall be sufficiently served where it is sent by recorded delivery post to them at their last known address in Great Britain or Northern Ireland. Any notice shall be deemed to have been served at the expiry of two days after the day of posting. In order to prove the serving of any such notice it shall 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 to be 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.

12. SEVERABILITY

Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.

13. 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 of this Agreement shall be determined in accordance with the Law and Courts of Scotland.

14. CONSENT TO REGISTRATION

The parties consent to registration hereof for preservation and execution: IN WITNESS WHEREOF

Signature of ________: __________________________

Date: __________________________

Signature of ________:__________________________

Date:__________________________