I have reviewed the tenancy agreement and here are the key points relevant to whether the landlord, their agent, or a third-party parking company could require the display of a parking permit and issue PCNs:
1. No express clause about parking permits or parking enforcement• The agreement does not contain any clause authorising the landlord, their agent, or a third party to require the display of a parking permit, nor does it mention parking charges, penalties, or PCNs.
2. References to "parking permits"• Clause 1.8.4.2 requires the tenant to return "all keys, access devices, remote controls and parking permits" at the end of the tenancy.
• Clause 4.3.14 repeats that all "keys, access devices, remote controls and parking permits" are to be returned at the end of possession.
These references only confirm that a parking permit may exist; they do not create an obligation to display one, nor do they authorise enforcement action for non-display.
3. Tenant obligations and covenants• The agreement obliges the tenant to observe covenants in any headlease (Clause 4.3.25) but specifically excludes rent and service charge payments.
Unless the headlease itself requires permit display and empowers third-party enforcement, this clause does not grant such rights.
4. Third party rights• Clause 1.9 explicitly states that “no clause of this agreement may be enforced by any third party, other than the Landlord’s Agent, pursuant to the Contracts (Rights of Third Parties) Act 1999.”
This prevents a third-party parking company from relying on the tenancy agreement itself to enforce PCNs.
5. Quiet enjoyment• Clause 5.2 guarantees the tenant “quiet enjoyment of the Property during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.”
Any third-party enforcement interfering with parking rights could be challenged as a breach of this covenant, unless clearly authorised.
ConclusionThe tenancy agreement does not grant authority for the landlord, their agent, or a third-party parking operator to require permit display or issue PCNs for failure to display.
• The only mentions of “parking permits” are administrative (returning them at tenancy end).
• Enforcement rights by a third party are explicitly excluded.
• Unless the headlease (not provided here) contains a parking enforcement covenant, no lawful basis exists in this agreement for a third-party operator to impose or enforce PCNs.
So, without seeing the headless, it is not conclusive. However, you should be aware of the following points:
• Your tenancy imports headlease covenants only if provided, and they exclude rent/service charge obligations. If you haven’t been given the headlease, you cannot be bound by unnotified permit obligations.
• Even if the headlease says “subject to regulations”, courts require regulations to be reasonable and consistent with the grant. A right to park is not extinguished by a failure to display a flimsy permit.
• Contracts (Rights of Third Parties) Act 1999 exclusion (Clause 1.9) blocks a parking company from claiming direct enforcement rights under this tenancy.
• Any PCN regime imposed on a lawful tenant with parking rights is likely to be an unlawful derogation from grant and/or breach of quiet enjoyment.