Overview

Shah and the other claimants traded as vehicle repairers and were tenants of the estate. As a result, they needed a number of parking spaces overnight for vehicles awaiting repair and for customer courtesy cars. All the tenants had 999 year leases which contained rights allowing them to use the car parking areas on the estate, provided that they complied with the management company's reasonable rules and regulations.

The leases also provided that reasonable regulations regarding the use of the common parts of the estate (including the estate roads and car park) could also be made if they were agreed at a meeting of the management company. The tenants' service charge contributions were linked the rateable values of their units.

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