Parking Space Rental Agreement (Scotland)

What is a parking space rental agreement?

A parking space rental agreement can be used by one party to create a lease to rent a parking space to another party. The agreement can be used where the property is based in Scotland.

A different parking space rental agreement can be used where the property is based in Northern Ireland, England or Wales.

Is it mandatory to have a written parking space agreement?

No. In theory, it is possible to reach an agreement about the short-term use of a parking space informally (verbally). However, a tenancy agreement or right of occupation for a year or more should be provided in writing.

It is also sensible to have a written agreement so that the parties have a clear outline of their rights and responsibilities.

What are the prerequisites of a parking space agreement?

Before creating a parking space agreement, a property owner should:

• ensure they have the legal authority and relevant permissions to rent their parking spaces out (e.g. from a mortgage lender or insurer where applicable)
• ensure that they understand their duties and responsibilities as part of a tenancy agreement

The parties may also wish to receive advice* before the agreement is finalised.

The parking space agreement will not be reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to receive advice about the particulars of this agreement before it is finalised, it will be necessary to instruct a lawyer. For this type of agreement, it is necessary to consult with a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer on the Law Society website.

Who can enter into a parking space agreement?

The landlord and the tenant may be natural persons or commercial entities (e.g. a company or firm).

Any natural person signing a contractual agreement should be over the age of 16 and should have the capacity to do so. Legal capacity refers to a situation where a person can understand and make legal decisions.

What can the duration of a parking space agreement be?

The parking space agreement will continue on a monthly rolling basis until it is terminated by either party providing written notice.

What has to be done once the parking space agreement is ready?

Once the agreement is ready it should be signed by both of the parties. Each party should retain a version containing the signatures of both parties. The parties can choose to sign the agreement in the presence of a witness. This can help to prove the validity of the agreement.

The parties may also wish to receive advice* before the agreement is finalised.

The parking space agreement will not be reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to receive advice about the particulars of this agreement before it is finalised, it will be necessary to instruct a lawyer. For this type of agreement, it is necessary to consult with a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer on the Law Society website.

Is it necessary to have witnesses for a parking space agreement?

Whilst not mandatory, the agreement can be witnessed, to help prove the validity of the agreement. Each party may therefore sign the agreement in the presence of a witness, who will then also sign the agreement. The witness should be an adult with capacity, who is not a party to the agreement.

What should a parking space agreement contain?

A parking space agreement should:

• define the parties to the agreement
• summarise the relevant definitions – the terminology used within the agreement
• grant the right to use a parking space at the landlord's property
• explain the term of the agreement – how long the agreement will last and when it will renew
• define the rent – the payments to be made by the tenant
• outline the obligations of each party– this will cover factors such as security, safety and cleanliness of the parking space

What laws apply to a parking space agreement?

The parking space agreement is governed by the principles of contract law.

The following legal provisions may also be relevant:

• The Unfair Terms in Consumer Contracts Regulations 1999
• The Consumer Protection From Unfair Trading Regulations 2008

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.