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Parking and Apartment rental dispute.

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  • 21-03-2014 6:24pm
    #1
    Hiddenstranger
    Registered Users Posts: 13 ✭


    I don't want to give to much away but I really feel like I need advice on where to go from here...

    Basically I moved into my new apartment 6 months ago, when I was viewing the property the agent told me that parking was as free for all. Until about 7 weeks later when I got clamped. The estate agent didnt want to know, of course. No word from landlord.

    Turns out you need a parking disc, so when I rang up I was told that, my landlord has it and should have sent it on to me.He didnt and hasnt since. So I told me landlord to send it on ASAP as I deducted the 120€ declamp fee from the rent.

    2 months later, still no parking permit. Same process again. Ring, says it will be sent out, never is, i deduct fee from the rent.

    It happened again this morning and I bloody sick of it. The apartment management company can't help me anymore (until now that had my car listed as not to clamp but that cant be done anymore) so my car WILL be clamped again and again. The management company and I cannot contact the landlord for the past few weeks. They've sent him out a letter which he should have gotten today

    I'm at a loss as to what to do. I will keep deducting the money from the rent, but it's the inconvenience of it, today it happen at 9am on the way to work, last time I was on my way to visit a friend and one time i was going to the chemist to fill a prescription.

    Can anyone offer advice... i could cut the clamp off but i live here and have to park here again. Guards? Is the an organisation that can help me?

    Any and all advice (foolish or otherwise) is greatly appreciated!
    Tagged:


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    #2
    snubbleste
    Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    Obvious - Get rid of the car.


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    #3
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,301 CMod ✭✭✭✭Pawwed Rig


    It is ultimately upto the management company as to who gets clamped or not. They could easily issue another disc to you if that is waht is required. I would be wary about deducting the charges from the rent without permission. The first time may be reasonable but subsequent times shows recklessness on your part. You should come up with a cheaper solution than constant clamping.
    If I was the landlord there I would be taking a case against you for withheld rent.
    Sounds like an unmotivated landlord but you have to look after things from your end.


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    #4
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    First things first, be careful deducting from the rent. You are not legally entitled to do this and as such your rent is now in arrears, which leaves you open to a deduction from your deposit when you go to leave unless you have got written permission from the landlord to deduct the fee from the rent.

    Is there any mention of parking in your lease? If there is, and you are being denied this, then you can take a case against the landlord as you are not being provided with the full service that you are paying for. If there is no mention of parking in the lease then it is going to be trickier to sort this issue.


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    #5
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    Thanks for the replies.

    Unfortunately there's no mention of parking in the lease. At the last resident's meeting we were told he was issued two permits one for me and one for a visitor. It's been 5 months of this constant trying to get the parking disc. I don't think it's ever going to come, the management company wont issue another one. God knows why!

    Looking for other ways around this, cause I dread the morning when we need the car to take someone to hospital or something...


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    #6
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    Pawwed Rig wrote: »
    It is ultimately upto the management company as to who gets clamped or not. They could easily issue another disc to you if that is waht is required. I would be wary about deducting the charges from the rent without permission. The first time may be reasonable but subsequent times shows recklessness on your part. You should come up with a cheaper solution than constant clamping.
    If I was the landlord there I would be taking a case against you for withheld rent.
    Sounds like an unmotivated landlord but you have to look after things from your end.

    Thanks for the reply but how could I sort something out re the parking... I have a parking spot, i live in the building, I'm due a parking spot.

    Is there a case to be had with the estate agent not telling me the truth or does that just come part and parcel with their job?!


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    #7
    Sarn
    Registered Users Posts: 3,060 ✭✭✭Sarn


    Is it possible the landlord is renting the spaces out? That might explain his inaction.


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    #8
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    Hiddenstranger wrote: »
    The apartment management company can't help me anymore (until now that had my car listed as not to clamp but that cant be done anymore)
    Why not?


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    #9
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    Sarn wrote: »
    Is it possible the landlord is renting the spaces out? That might explain his inaction.

    No, but he does own other places in the complex and I'm thinking about finding those people to ask them what they've got sorted.



    I cant contact the management company again until Monday. But they told me today that they had my car covered under 'a do not clamp' notice for as long as they could.

    Yes, I too dont understand why they either A. Couldn't just cover my car indefinitely? or B. Not just send me out another permit. It really is stupidity of the highest order


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    #10
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Sarn wrote: »
    Is it possible the landlord is renting the spaces out? That might explain his inaction.
    If there is a parking space allocated to each individual apartment it is a possibility. The management company or management agency should be able to inform you of this.


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    #11
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Im guessing its the management agent that you are dealing with, not the management company? The management company usually wont deal with tenants.

    Have you actually got confirmtation that he has these permits? If he is in arrears with his management fees then its entirely possible that the management company have revoked his use of the parking spaces, and he just does not want to let on to you about this. Could explain why he cant give you the permits.


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    snubbleste wrote: »
    Obvious - Get rid of the car.

    Now thats not a helpful or constructive post.
    If you don't have valid input- perhaps keeping out of the discussion is the better course of action.


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    #13
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Hiddenstranger wrote: »
    Thanks for the reply but how could I sort something out re the parking... I have a parking spot, i live in the building, I'm due a parking spot.

    Is there a case to be had with the estate agent not telling me the truth or does that just come part and parcel with their job?!

    Living in the building does not mean you're due a parking spot. Many developments were built and sold separately from parking spaces. There is also a massive data protection breach here if you've been told about parking discs issued to your landlord, you are not entitled to that information.

    If your lease does not mention parking you are in trouble. If it's not mentioned in writing the landlord can argue that it was not part of the letting. A conversation with a letting agent isn't worth the paper it isn't written on


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    #14
    Mrs OBumble
    Registered Users Posts: 25,709 ✭✭✭✭Mrs OBumble


    athtrasna wrote: »
    Living in the building does not mean you're due a parking spot. Many developments were built and sold separately from parking spaces. There is also a massive data protection breach here if you've been told about parking discs issued to your landlord, you are not entitled to that information.

    If your lease does not mention parking you are in trouble. If it's not mentioned in writing the landlord can argue that it was not part of the letting. A conversation with a letting agent isn't worth the paper it isn't written on


    +1

    If you want to guarantee not to be clamped at inconvenient times, then you need to suck it up and park outside the complex until you can get the proof of that you're entitled to a space. (Either that, or two to rent a car-park off a neighbour who doesn't use theirs.)

    Yes, you are entitled to that proof ... or maybe not if it's not in the lease. But that's immaterial, really. You don't have it. And until you can get it from your landlord, you have no right to park in the complex.


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    #15
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    It may well be that the management company has not issued the landlord with the parking disc because he has not paid all his service fees. The management company would not be able to tell you why but should be able to say if he was not issued with the discs.


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    #16
    whiteshorts
    Site Banned Posts: 880 ✭✭✭whiteshorts


    The management company won't issue a 2nd parking disc as someone else could use it.
    Why don't you just move out if you can't get a parking space sorted out?


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    #17
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,301 CMod ✭✭✭✭Pawwed Rig


    Hiddenstranger wrote: »
    Thanks for the reply but how could I sort something out re the parking... I have a parking spot, i live in the building, I'm due a parking spot.

    It is about limiting your losses and being reasonable. Continuing to allow your car to be clamped and paying the €120 charge each time is not reasonable behaviour and wouldn't be seen as such if there were to be a case made against you.
    Sending a registered letter to your landlord highlighting the issue and giving him a certain length of time to resolve it would be reasonable behaviour. If he cannot live up to the terms of the lease then he is in breech and you have a good reason to leave the property early thereby resolving the situation.


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    #18
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Pawwed Rig wrote: »
    If he cannot live up to the terms of the lease then he is in breech and you have a good reason to leave the property early thereby resolving the situation.

    The OP has already said that the lease doesn't mention parking


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    #19
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    The new parking scheme with the permits was just brought in a few weeks before I moved it in an effort to target people not paying their management fees.

    I won't be able to contact the management until Monday, but I found out that a permit was issued when they were first issued. Each apartment is allocated 2 permits, one for the resident and one in case there is a vistor staying etc. While it doesn't mention it in the lease, common sense would see that our parking place is empty most days and nights and as our complex is gated, a parking spot comes with the apartment. Everyone else in the complex has one... my place does too.

    Many people have said to leave. However I like my place, plus it's difficult to find anywhere these days.

    The management company have sent him a letter, I will follow up with them before I send one too. Don't want to park off site as insurance wouldn't cover it.

    Besides this and going to his house and taking it out of his hands (if he has it), are my hands tied for the moment?


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    #20
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Sorry OP but common sense has nothing to do with property letting. If it's not mentioned in the lease and the landlord won't give you a permit you have no case to fight. Everything needs to be in writing for your protection.

    The management company has no obligation to engage with a tenant, their only relationship is with the owner ie the member of the management company


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    #21
    Lenin Skynard
    Closed Accounts Posts: 2,970 ✭✭✭Lenin Skynard


    Are the permits elaborately designed like banknotes with security codes and the like? Where I live, everyone has the same type of pass, same colour with the name of the complex and "resident permit" written. It's just a piece of paper printed off and laminated.

    If that's the passes are like (look in your neighbours' windscreens), my suggestion to you would be to just make one yourself and throw it on the dashboard.


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    #22
    spaceHopper
    Registered Users Posts: 3,968 ✭✭✭spaceHopper


    Send him a text messang asking for a meeting to discuss the parking problem tell him you will pay him next months rent then that way you are not withholding rent he just has to show up in person keep an eye out for other apartments to rent in the complex and move when your lease is up


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    #23
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Ultimately, it is between you and your landlord. He has to give you the permits to enable you to park in the complex.

    There is no point in you hassling the management agent as it is not their fault.

    You need to deal with your landlord.


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    #24
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    Lenin Skynard wrote: »
    Are the permits elaborately designed like banknotes with security codes and the like? Where I live, everyone has the same type of pass, same colour with the name of the complex and "resident permit" written. It's just a piece of paper printed off and laminated.

    If that's the passes are like (look in your neighbours' windscreens), my suggestion to you would be to just make one yourself and throw it on the dashboard.

    They have barcodes on them. I've never spoken to the landlord before, i call or send a text he sends a reply or repsonse of some kind through the management company...he's a very hands off type of guy. I think he owns plenty of properties and he was stuck with after the crash so isn't to 'motivated' as another user pointed out


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    #25
    Hiddenstranger
    Registered Users Posts: 13 ✭Hiddenstranger


    Paulw wrote: »
    Ultimately, it is between you and your landlord. He has to give you the permits to enable you to park in the complex.

    There is no point in you hassling the management agent as it is not their fault.

    You need to deal with your landlord.

    Myself or the management can't get him on the phone The management have been more than helpful and very sympathetic but there's nothing else they can do. We know each other by name at this stage.

    Management have sent him a letter 2 days ago. Should have been received today. So he has it in writing. Tried ring all day today as did management. No reply. According to other residents he has a habit of going AWOL for months without contact.


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    #26
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP is it allocated parking where the number of your apartment is painted on the space? If it is then it would be fair to assume that the space comes with the apartment.

    What have the clamping company said about this situation? Have you explained that you are a tenant but cannot get discs from LL.


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    #27
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    davo10 wrote: »
    OP is it allocated parking where the number of your apartment is painted on the space? If it is then it would be fair to assume that the space comes with the apartment.

    No such things as assumptions here; if the space is not mentioned on the lease then its going to be a difficult case to fight to prove that its part of the tenancy.


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    #28
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Hiddenstranger wrote: »
    Myself or the management can't get him on the phone The management have been more than helpful and very sympathetic but there's nothing else they can do. We know each other by name at this stage.

    Management have sent him a letter 2 days ago. Should have been received today. So he has it in writing. Tried ring all day today as did management. No reply. According to other residents he has a habit of going AWOL for months without contact.

    Can you clarify who you have been dealing with when you say management? Its unclear if you mean management company (a group consisting of the property owners in the complex), management agent (an external company hired by the management company to mange the complex) or the letting agent that you rented through.


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    #29
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    Pawwed Rig wrote: »
    It is about limiting your losses and being reasonable. Continuing to allow your car to be clamped and paying the €120 charge each time is not reasonable behaviour and wouldn't be seen as such if there were to be a case made against you.
    Sending a registered letter to your landlord highlighting the issue and giving him a certain length of time to resolve it would be reasonable behaviour. If he cannot live up to the terms of the lease then he is in breech and you have a good reason to leave the property early thereby resolving the situation.

    Yes it absolutely is. What is he meant to do? He had a contract in place for a property and a parking space. He should be suing the landlord for the inconvenience of having a clamp removed every few weeks.,

    If it were me, I'd completely stop paying rent. An absentee landlord is great for free lodging. You tried playing by the rules now you might as well profit. Maybe rent out a space from a neighour in the mean time.


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    #30
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Thomas D wrote: »
    He had a contract in place for a property and a parking space.

    No, he has a contract to rent a property, that makes no mention of a parking space.


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    #31
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    djimi wrote: »
    No, he has a contract to rent a property, that makes no mention of a parking space.

    He has agreement from the landlord and agent that parking should be provided. Therefore a contract.


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