SMF - Just Installed!

Tenant and Parking legal issue

Started by Phillee20, November 14, 2022, 11:13:14 AM

Previous topic - Next topic

Phillee20

Hi all,

I have a tenant staying at my apartment for 4 months now.  It is a multi storey apartment with one designated space for each owner. I use a letting agency as a middleman between me and my tenant.

The issue is here. My tenant has 3 cars but my apartment only has one designated space. The other tenants within the building are complaining about my tenant as they are parking the 3 cars in various parking spots including disabled space etc. The property management team has reached out over many months now complaining about this and threatens to clamp the car etc. They mentioned the police has no authority over parking issue here as it's private land. I just want to know is there anything else a landlord/letting agency can do?

I don't want the tenant to get annoyed and end up not paying rent or trashing the flat but the property management might take legal action against us?

Thanks for input! 

heavykarma

There is nothing quite like parking disputes to get people aroused.I doubt if it will come to legal action against you,unless you are the leaseholder and the freeholder has clauses in your lease that could penalise you.I am assuming that you or the agents have also written to the tenant and been ignored? If so,you can either ignore it and leave the management to clamp the cars,or if you feel very bad about this you can serve notice when the timing allows.You comment about possible nasty reprisals by the tenant make me wonder if you have had other issues with them,and might be better off evicting.

Hippogriff

One presumes the apartment has always had a single designated parking space. And that this was made clear in the advert for the property, and during the viewing that happened. And that the Tenant has always had three cars.

If so, why did the Tenant even have a desire to rent the property in the first place, it's obviously unsuitable?

I would evict them. I really would. When each apartment has a designated parking space, even if another occupant doesn't have a car, the actions of your Tenant are depriving them of what is their property. And - the way the leasehold is usually organised in apartment blocks - is that part of the Service Charge is apportioned to the parking... so, effectively, someone else could be paying money for your Tenant to park. Who'd feel good about that?

Phillee20

Thank you for your replies! Yes, so my letting agency has spoken to the tenants many times and they always say yes, we know and we won't do it but continues to do so.  The tenants are actually very nice and polite but I do feel for my old neighbours around the apartment as it's causing disruption to everyone. I was just worried if there would be any legal actions taken on me from the property management company. Eviction looks to be a solution but I don't want it to end badly between me and my tenants also.

Guess I'm just here to ramble! :P

Hippogriff

Con artists are usually very nice and polite... pleasant even. It's a skill.

Phillee20

Back again with update! So the latest is that the property management company reached out to me and said they could be taking legal action against me, as they are my tenants. Just wondering what legal action they could take, for my tenants parking in other tenants allocated spaces.

I've spoke to my letting agency and I think we will be going through with eviction. First time doing that! I did mention that I wanted an end of tenancy cleaning fee/job performed so it's ready for new tenants. Hopefully that goes through well.

Hippogriff

You can serve a Section 21... which doesn't need a reason... and then you can kinda let the Tenant know - verbally, probably - that the reason is the parking situation... and see if behaviour changes.