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Help with a new letting

  • 25-09-2014 2:58pm
    #1
    Registered Users, Registered Users 2 Posts: 130 ✭✭


    hi there. kinda urgently looking for advice on a situation but without making it ugly!

    i viewed an apartment last week with the intention of taking it. it was being shown by a property manager friend of the owner. all went fine and when i asked about a parking space underground, she assured me there was a designated space as there's a huge car park. i then met her on wednesday to pay deposit/first rent and sign the lease etc. the owner showed up shortly after to sign the lease and everything was grand. i later asked about getting the zapper for the gate for the car park as the lease wasn't starting til sunday.

    i've now discovered the apartment doesn't have any parking space at all. i've already moved a good bit of stuff into the new place, as agreed with the owner as i'm not actually staying there or anything yet. he's tried pushing back to get me to try renting off another resident, but it should be his cost and effort, not mine as it was agreed. i can't really escalate it to PRTB yet as the lease is a) only just signed and b) doesn't actually start til sunday. my current lease is up by then, so i'm very wary of him just saying tough and being homeless!

    all advice welcome, but nothing too hostile preferably, thanks! :)


Comments

  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    its very simple. What does your lease say about a parking spot.


  • Registered Users, Registered Users 2 Posts: 130 ✭✭amorgan


    i didn't check, as i am stupid unfortunately. i took the viewing/advertising agent at face value with the conversation we had and it seems i've been burned quite badly here. have i any recourse, no?


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    if theres nothing about a parking space in your lease your pretty screwed.

    You can of course threaten to raise a dispute with the PRTB based on what they verbally told you and see if the LL offers to rectify the issue. Im not sure if you have any recourse though but for the cost of taking a case it may be worth it.

    A quick call to them in the interim would do you no harm you may not be able to make a dispute yet but they will happily give you some guidance over the phone on the matter anyway.


  • Registered Users, Registered Users 2 Posts: 2,751 ✭✭✭ec18


    Can you still view the Daft ad..these usually state whether parking is included or not.....it's not un common for parking spaces to be extra....in fact it's usually the norm from what i've seen


  • Registered Users, Registered Users 2 Posts: 130 ✭✭amorgan


    looking a bit bleak really. spoke to the viewing agent who confirmed there was a space but spoke to the owner who has said there never was and she must be mixing it up with a different one. he's offered me out of the lease with full refund, but not a lot of use if i'm homeless. balls.


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  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    amorgan wrote: »
    i didn't check, as i am stupid unfortunately. ... have i any recourse, no?

    Ahh, I think you know the answer here already ... no need for us to rub it in.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    It crazy that LL's are not legally obliged to provide a parking space if on street parking is not available. If someone doesn't want it fair enough it can be rented separately for the duration of the lease but when re-letting parking should be available. Its a necessity for most people not some luxury item and its grossly unfair to be expected to pay extra (unless its a 10er for a permit or some small amount like that).


  • Closed Accounts Posts: 509 ✭✭✭Kelly06


    It crazy that LL's are not legally obliged to provide a parking space if on street parking is not available. If someone doesn't want it fair enough it can be rented separately for the duration of the lease but when re-letting parking should be available. Its a necessity for most people not some luxury item and its grossly unfair to be expected to pay extra (unless its a 10er for a permit or some small amount like that).

    Not all apartments come with parking spaces included especially in city centre developments. Often a purchaser had to pay extra for a parking space. Unfortunately a land lord cannot let you have the use of a space they don't own!


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    It crazy that LL's are not legally obliged to provide a parking space if on street parking is not available. If someone doesn't want it fair enough it can be rented separately for the duration of the lease but when re-letting parking should be available. Its a necessity for most people not some luxury item and its grossly unfair to be expected to pay extra (unless its a 10er for a permit or some small amount like that).

    We've had this discussion on many, many treads.

    There are good reasons why not all residences can have parking attached, eg I live in converted medieval building where there is no physical way it could be done. It would be madness to require my LL to lease a space in another building just so I, a car-free tenant, could lease it to someone else.

    And not everyone drives. In fact, I think you would be surprised to find out exactly how many people out there choose not to - or have the choice made for them because they are blind, uncontrolled-epileptic, drunk, dangerous, etc. There is no reason why these people should have to pay for parking spaces they won't use.

    I've actually worked with several people who never bothered learning how to drive, because they grew up in Dublin and there was no need!




    In the OP's case, the time to raise the issue was before the paperwork was signed. Now it's done, they will simply have to suck it up and rent a space separately themself.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    Kelly06 wrote: »
    Not all apartments come with parking spaces included especially in city centre developments. Often a purchaser had to pay extra for a parking space. Unfortunately a land lord cannot let you have the use of a space they don't own!

    The vast majority of new apartments complexes (including city centre ones) have parking, usually underground and I would say in almost all cases one space was provided in the purchase price. If you look up newer apartments for sale they are almost all sold with a space and if now it should have been legally obliged that an apartment has a parking space included.

    There are good reasons why not all residences can have parking attached, eg I live in converted medieval building where there is no physical way it could be done.

    I don't have any experience renting in Galway but in Cork tenants in older buildings (anything built pre 2004 I think) even if they have been totally renovated, are eligible to apply for a parking permit and avail of on street parking. I assume something similar would be possible for you. I did say on-street parking being available would remove the necessity of an LL from having to provide a space.
    It would be madness to require my LL to lease a space in another building just so I, a car-free tenant, could lease it to someone else.

    That's not what I meant. I meant that it should be available for you to use, if you don't want it then the LL can rent it out himself or do what ever he wants until a time comes that you want it or the place is being re-let.
    And not everyone drives. In fact, I think you would be surprised to find out exactly how many people out there choose not to - or have the choice made for them because they are blind, uncontrolled-epileptic, drunk, dangerous, etc. There is no reason why these people should have to pay for parking spaces they won't use.

    Outside of Dublin the vast majority of Irish people drive (it tends to be people living here from abroad that don't) and for those who want to live in the city with a car it can be quite difficult due to LL's renting out parking spaces separately and not having them available for the tenants in the apartments. Also the tenant shouldn't have to pay extra so using it or not shouldn't be an issue.
    I've actually worked with several people who never bothered learning how to drive, because they grew up in Dublin and there was no need!

    Off topic but not being able to drive is a big disadvantage in life for anyone imo, they could get a very rude awakening someday if they need to work or live outside the city centre.


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    It quite simply is not the case that on-street parking is available where residences do not have private parking associated with them........ In some limited circumstances- where properties open onto streets which have parking on them- occupants, can, akin to anyone else, apply for a residents on-street permit. This is not confined to Cork- or Galway- or Rathmines etc....... However- in the main, most developments do not open onto public streets such as this- with on-street parking- so this sort of suggestion is the exception rather than the rule.......


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    It quite simply is not the case that on-street parking is available where residences do not have private parking associated with them........ In some limited circumstances- where properties open onto streets which have parking on them- occupants, can, akin to anyone else, apply for a residents on-street permit. This is not confined to Cork- or Galway- or Rathmines etc....... However- in the main, most developments do not open onto public streets such as this- with on-street parking- so this sort of suggestion is the exception rather than the rule.......

    In Cork if your building is built after 2004 (which covers a lot of complexes) then you cannot apply for a permit. I cant think of a single apartment complex built after this date that doesn't have a car park (leaving aside the ins and outs of if its provided with the apartments etc).

    I wouldn't agree either that on street parking isn't available to most, there might be a few older places on the main shopping and pedestrian streets (above shops and other businesses) which might struggle but just doing a lap of the city in my head there is parking along in front of almost all places and even if there are a number of apartments in an older renovated buildings and there isn't space right outside the door a permit could still be applied for for on street parking around the corner etc. So in summary you might have to walk a few mins from where you live to park but you should still be able to get a permit and park on the street.


  • Closed Accounts Posts: 509 ✭✭✭Kelly06


    I'm in Dublin and I'm fairly sure that I can remember apartments for sale in the city centre and if you wanted to have a parking space you paid extra. Not every development now, but what I'm saying is that the original purchaser may not have bought a space and so now there is none associated with that apartment? Or maybe the parking space is already let out to someone and the landlord is keeping stum!


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    It crazy that LL's are not legally obliged to provide a parking space if on street parking is not available. If someone doesn't want it fair enough it can be rented separately for the duration of the lease but when re-letting parking should be available. Its a necessity for most people not some luxury item and its grossly unfair to be expected to pay extra (unless its a 10er for a permit or some small amount like that).

    maybe people should read documents they are about to sign


  • Subscribers Posts: 1,911 ✭✭✭Draco


    The vast majority of new apartments complexes (including city centre ones) have parking, usually underground and I would say in almost all cases one space was provided in the purchase price. If you look up newer apartments for sale they are almost all sold with a space and if now it should have been legally obliged that an apartment has a parking space included.
    Nope. Parking was often an expensive optional extra for many Dublin city centre apartments. I'd say less than 50% of the apartments I viewed to buy in the last year came with a parking space - usually ones that were buy-to-lets rather than owner occupiers.


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