CAR PARKING ALLOTMENT LETTER
__________
__________
Date: __________
Place: __________
To,
__________
__________
Subject: Allotment of __________ car parking space(s) at __________
Dear Sir/Madam,
1. The parties and the Lease
1.1 This letter is issued by __________ of __________, acting as __________ ("the Landlord").
1.2 This letter is addressed to __________ of __________ ("the Tenant").
1.3 The Tenant holds __________, __________, in __________ ("the Premises"), under __________ dated __________ between the landlord under that instrument and the Tenant ("the Lease").
1.4 Where the Landlord is not itself a party to the Lease as landlord, the Landlord confirms that it holds written authorisation from the party who is, to allot and manage car parking in the building in which the Premises are situated, including the Allotted Space(s) described below, on the terms of this letter.
2. Allotment of parking space(s)
2.1 The Landlord allots to the Tenant, for use in connection with the Tenant's occupation of the Premises, __________ car parking space(s) ("the Allotted Space(s)"), being __________.
2.2 The Allotted Space(s) are located as follows: __________.
3. Use of the Allotted Space(s)
3.1 The Allotted Space(s) may be used only to park a car or other light motor vehicle of the Tenant, or of the Tenant's employees, contractors or visitors attending the Premises in connection with the Tenant's business at the Premises, and for no other purpose.
3.2 The Tenant shall park wholly within the marked boundaries of the Allotted Space(s), or, where they are general and unreserved, within the zone identified in clause 2.2, shall not obstruct any other parking space, driveway, ramp, fire tender path or entrance, and shall not use the Allotted Space(s) for servicing, repair, storage or any purpose other than parking a vehicle as clause 3.1 permits.
3.3 Where the Landlord operates an access card, sticker, RFID tag or similar system for car parking in the building, the Tenant shall obtain the necessary card, sticker or tag for each vehicle using the Allotted Space(s) before use, on the terms the Landlord notifies, and shall return it on expiry or termination of the rights granted by this letter.
4. Parking charge
4.1 Save as stated in this clause, the Allotted Space(s) are provided to the Tenant at no charge in addition to the Rent payable under the Lease.
4.2 Where goods and services tax, or tax deductible at source, applies to the Rent under the Lease, it applies in the same way to a parking charge payable under this clause, as part of the same supply of renting the Premises, and the Lease's provisions on that tax govern this charge as well.
5. Visitor parking
5.1 Visitor parking: __________.
6. Duration — tied to the Lease
6.1 The rights granted by this letter run for so long as, and only for so long as, the Lease remains in force in respect of the Premises between the Tenant and the landlord under the Lease, including during any renewal or extension of the Lease validly made in writing, and end automatically on the date the Lease expires or is terminated for any reason, whichever happens first, without need for a further notice under this letter.
6.2 Without limiting clause 6.1, the Landlord may withdraw or suspend the rights granted by this letter, by written notice to the Tenant, at any time the Tenant is in breach of the Lease of a kind that entitles the landlord under the Lease to terminate it or to re-enter the Premises, whether or not the Lease is actually terminated. This letter creates no right in the Tenant to continue using the Allotted Space(s) independently of the Tenant's compliance with the Lease.
6.3 This letter does not extend the term of the Lease, and the ending of the rights under this letter does not by itself affect the Tenant's rights under the Lease in respect of the Premises.
7. Nature of this letter — a licence, not a lease
7.1 This letter grants the Tenant a personal, non-transferable and revocable licence to use the Allotted Space(s) as described above. It does not sell, convey, transfer, demise or sub-lease the Allotted Space(s), does not give the Tenant exclusive possession of them as against the Landlord, and creates no tenancy, easement or other interest in immoveable property in the Tenant's favour — see section 105 of the Transfer of Property Act, 1882 and section 52 of the Indian Easements Act, 1882, and, on the distinction between the two, the Supreme Court of India's judgment in Associated Hotels of India Ltd. v. R.N. Kapoor.
7.2 The Allotted Space(s) remain part of the Landlord's retained property or the common areas of the building, and possession of them remains with the Landlord at all times. The Tenant shall not erect a shed, enclosure, gate, chain, bollard, name board or other fixture at the Allotted Space(s) without the Landlord's prior written permission.
7.3 Because this letter grants a licence and not a lease, and fixes no term of its own independent of the Lease, it is not chargeable as a lease under the Indian Stamp Act, 1899 and does not require registration under section 17 of the Registration Act, 1908, whether or not the Lease itself is registered.
8. This letter and the Lease
8.1 This letter is supplementary to, and is to be read together with, the Lease. If anything in this letter conflicts with the Lease, the Lease prevails, and the rest of this letter continues to apply.
8.2 No change to this letter is valid unless in writing and signed by both parties. This letter does not amend the Lease, and a change to the Rent, the term or the extent of the Premises must be made under the Lease itself and not through this letter.
9. Notices
9.1 A notice under this letter shall be in writing and delivered by hand against acknowledgment, or sent by registered post, reputed courier or email, to the Landlord at __________ and to the Tenant at __________, or such other address either party notifies in writing — the same addresses, and the same manner, as a notice under the Lease.
10. Governing law and dispute resolution
10.1 A dispute about this letter shall be raised and resolved in the same manner, and before the same forum, as a dispute under the Lease.
10.2 Subject to clause 10.1, this letter is governed by the laws of India, and the courts at __________ have jurisdiction.
11. Acceptance
11.1 Please sign and return the duplicate of this letter in token of acceptance. Taking up use of any Allotted Space also amounts to acceptance of the terms of this letter.
SCHEDULE — PARTICULARS OF THE ALLOTMENT
| Particular | Detail |
|---|---|
| Premises | __________, __________ |
| Lease | __________ dated __________ |
| Number of space(s) allotted | __________ |
| Type | __________ |
| Location | __________ |
| Visitor parking | __________ |
| Allotted to | __________ |
For and on behalf of __________
Signature: ______________________________
ACCEPTANCE BY THE TENANT
__________ accepts the allotment of the Allotted Space(s) on the terms of this letter, and confirms its understanding that this letter grants a licence to use them and not a lease, that it creates no interest in them independent of the Lease, and that it ends when the Lease ends, or earlier as clause 6 provides.
Signature: ______________________________
Date: ______________________________ Place: __________
Witnesses
- Name: ______________________________ Address: ______________________________ Signature: ______________________________
- Name: ______________________________ Address: ______________________________ Signature: ______________________________