Shared Space, Fair Use and EV Charging: A Retail Property Perspective
In this blog, That Retail Property Guy, Gary Marshall, explores the complex realities of shared spaces in commercial property settings. From forecourts and delivery yards to car parks and EV charging points, what seems simple on the surface can often mask a mess of assumptions, etiquette and exploitation. Whether you’re a landlord, a retailer or a managing agent, understanding what’s fair, who pays and who benefits is critical.
Sharing Isn’t Always Caring
We all recognise the principle of sharing. But in property, sharing only works when responsibilities, rights and etiquette are clearly understood. Unfortunately, that’s often not the case. Shared delivery yards get overrun with private cars, communal parking becomes a battleground for staff vehicles and customer access, and spaces intended for all end up monopolised by the boldest or least informed.
Leases might include sharing provisions, but they are rarely policed. Who plays referee when a delivery area becomes a dumping ground, or when one occupier installs a shipping container in a shared yard? When it goes unchecked, informal habits harden into assumed rights, making enforcement tricky and sometimes contentious.
Neighbour disputes can escalate. One store’s overflow becomes another’s lost custom. Storage encroachments, delivery conflicts and misuse of forecourts are more than minor irritations—they can affect trade, footfall and even brand reputation.
Unspoken Rules and Unfair Realities
Many retail parades and estates were designed decades ago, before today’s pressures on space and logistics. Leases may refer to shared use of yards and car parks, but offer no operational guidance. The result is a mismatch between what’s written and what’s workable.
Take a back yard intended for deliveries. Over time, it turns into staff parking. One tenant parks six cars, while others struggle to unload a van. A newcomer might try to restore the original purpose, only to be met with resistance, even hostility. If the landlord has no management responsibility—or the space isn’t service-chargeable—the burden often falls on whoever has the time, influence or stomach to sort it.
And what about cleaning, lighting or repairing those shared spaces? If there’s no formal agreement on cost-sharing or coordination, disputes are almost inevitable. It’s often the larger, better-resourced tenants who take the lead, not because it’s their responsibility, but because no one else will.
Service Charge Settings Aren’t Immune
Even where landlords retain shared spaces and recover costs through a service charge, challenges persist. Management might be slow or ineffective, especially if the landlord lacks funds or enforcement power. Overcrowded car parks, blocked delivery access and mounting wear-and-tear can lead to tension and disillusionment.
Tenants may feel ignored, outnumbered or unable to fight back. Even when lease terms give them a right to fair use or quiet enjoyment, few small or medium-sized occupiers have the resources for litigation.
And sometimes it’s the landlord themselves exploiting the asset. That brings us neatly to a growing flashpoint: EV charging.
EV Charging: Green Convenience or Grey Area?
With electric vehicle ownership rising, EV charging points are becoming more common in commercial car parks. Often landlords enter into agreements with EV providers, allowing them to install fast-charge units in what appear to be ‘spare’ parking bays. But are they spare?
Many leases define the car park as a shared area for the benefit of all tenants and their customers. It may be coloured differently on lease plans, with clauses confirming it is not retained for the landlord’s free use. The intent is that management (and benefit) of the car park is shared, and that any income from alternative uses—like EV charging—should flow back into the service charge.
That’s not always happening. Some landlords sign private deals with EV providers, pocket the revenue, and let tenants fund the ongoing costs through the service charge. This raises critical questions:
Were the EV units installed with tenant consent?
Are the running costs fairly apportioned?
Should the tenants receive a credit for any revenue earned?
In some cases, the new charging points reduce customer access or disrupt traffic flow. Add to that range anxiety, charging etiquette (like drivers hogging bays without charging) and rising pay-as-you-go rates, and what should be a modern amenity becomes another source of conflict.
It’s About Clarity, Contract and Communication
Whether it’s EV bays or shared back yards, the solution lies in clear lease drafting, realistic operational planning and active management. If a space is shared, it must be governed. If an amenity generates income, that revenue should benefit those who fund its upkeep.
Retailers need to know their leases. Managers must be prepared to question assumptions and challenge behaviour. Landlords should avoid acting unilaterally when their own lease terms prescribe shared control. And when disputes arise, occupiers should not hesitate to seek advice.
Final Thoughts: Playing Fair in Shared Space
As commercial property evolves, shared areas are becoming more critical—and more contested. Delivery logistics, parking pressures and the push for sustainable travel all converge in the same limited square footage. Without proactive governance, friction is inevitable.
From lease clauses to local etiquette, sharing only works when it’s fair, transparent and enforceable. If it’s not, then retail occupiers must be willing to ask tough questions and stand up for their rights.
If any of this sounds familiar—or frustrating—speak to a property professional who understands the nuances of shared space management. Because in today’s market, fair use isn’t just a courtesy. It’s a commercial necessity.
Need support?
Talk to Gary Marshall at ThatRetailPropertyGuy.com for practical insights, straight-talking advice and strategic support. Explore professional reconciliation and accounts recoverable services through SmarterEstates.
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