Landlord allocating our private parking to stranger

ghostbusters25

So this all started yesterday when we noticed our landlord placing a parking sign in our driveway which is located near a busy hospital. He has informed us that he will require the space for a friend who will be attending the hospital over the coming months. We objected straight away via text message as he had informed us through the same medium. After no initial reply, we presumed that he had gotten the message and decided not to go ahead with his plan. Today however we have received notice that we will need to clear a space for next week and the sign now has a notice with the allotted car reg number. At the moment we are already limited in terms of parking space as there is enough room for 3 cars to accommodate a 4 car house. He has completely ignored our objections and has taken it upon himself to go ahead with this. What are we to do here and where do we stand. He may not be a registered landlord with the PRTB so our worry is that if we object too much he may kick us out and we wouldn't have two feet to stand on legally. Everybody who needs and uses the parking spaces pay full rent and have never missed payment. Any advice and help would be greatly appreciated.

Nekarsulm

Leave lots of room for his friends car. Then park your own cars in front of it.
Then all go out for a pizza and a few pints.

Hospitals have car parks, just his friend is too tight to pay the Hospital car-park fees.

3DataModem

ghostbusters25 wrote: »

So this all started yesterday when we noticed our landlord placing a parking sign in our driveway which is located near a busy hospital. He has informed us that he will require the space for a friend who will be attending the hospital over the coming months. We objected straight away via text message as he had informed us through the same medium. After no initial reply, we presumed that he had gotten the message and decided not to go ahead with his plan. Today however we have received notice that we will need to clear a space for next week and the sign now has a notice with the allotted car reg number. At the moment we are already limited in terms of parking space as there is enough room for 3 cars to accommodate a 4 car house. He has completely ignored our objections and has taken it upon himself to go ahead with this. What are we to do here and where do we stand. He may not be a registered landlord with the PRTB so our worry is that if we object too much he may kick us out and we wouldn't have two feet to stand on legally. Everybody who needs and uses the parking spaces pay full rent and have never missed payment. Any advice and help would be greatly appreciated.

Whether or not he's registered doesn't affect you when it comes to the PRTB - you can still use them if he kicks you out.

He also cannot just co-opt use of one of the spaces in your house like that, legally or otherwise. As it is temporary I would suggest coming to an arrangement with him; maybe a small deduction in rent.

TheChizler

He can't kick you out. Not true that you've no feet to stand on, you have every right a normal renter has.

Ring Threshold who will advise you on how best to approach the situation. The next stage might be ringing the PRTB to see if he's registered. When you moved in you should have been registered with the PRTB, did you get letters to that effect?

Is it a house with its own driveway or an allocated parking area in front of a few houses that has 3 spaces for your specific dwelling? Is there anything in the lease (if you have one) to suggest that you don't have the use of these spaces?

Did the landlord come on to the property without giving notice to put up the sign?

ghostbusters25

TheChizler wrote: »

He can't kick you out. Not true that you've no feet to stand on, you have every right a normal renter has.

Ring Threshold who will advise you on how best to approach the situation. The next stage might be ringing the PRTB to see if he's registered. When you moved in you should have been registered with the PRTB, did you get letters to that effect?

Is it a house with its own driveway or an allocated parking area in front of a few houses that has 3 spaces for your specific dwelling? Is there anything in the lease (if you have one) to suggest that you don't have the use of these spaces?

Did the landlord come on to the property without giving notice to put up the sign?

Thanks for the help. The spaces I'm referring to are located on the property in the driveway. He had come onto the property yesterday with no prior notice whatsoever. We have received no letters from the PRTB in regards to his or own registration. Our lease expired after one year and as of yet we have not resigned any contract. The original lease had no mention of parking on the property.

thisistough

ghostbusters25 wrote: »

Thanks for the help. The spaces I'm referring to are located on the property in the driveway. He had come onto the property yesterday with no prior notice whatsoever. We have received no letters from the PRTB in regards to his or own registration. Our lease expired after one year and as of yet we have not resigned any contract. The original lease had no mention of parking on the property.

Is this the first time that ye have had hassle with him or has he been ok up to now? Surely if ye're paying him for the use of the property he can't just use aspects of it when it suits him?

TheChizler

ghostbusters25 wrote: »

Thanks for the help. The spaces I'm referring to are located on the property in the driveway. He had come onto the property yesterday with no prior notice whatsoever. We have received no letters from the PRTB in regards to his or own registration. Our lease expired after one year and as of yet we have not resigned any contract. The original lease had no mention of parking on the property.

Seems like they would be treated as part of the house so, sometimes landlords in apartments don't include the spaces with the property.

Also sounds like you're not registered and the landlord would be in for a serious fine if you contact the PRTB, so up to you if you contact them or not. If you're happy with your relationship with them then obviously reporting the situation might affect that, but you can't be kicked out as you would have part 4 tenancy rights, with or without a lease, as you're there so long.

You more than likely have every right to say no to the parking, but your landlord's lack of registration and entering the property without notice I think would be the bigger issue here...

Zambia

What a f::king spanner.

Stop texting him ring him and ask him why he is doing this. In a lot of job interviews they want to know how you can resolve conflict and problem solve. Stay calm and discuss the issue).

Take notes of the conversations.

Nekarsulm

Switch on the recording function of your phone before meeting him.wonderful memory aid.

Victor

www.threshold.ie

http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

ghostbusters25 wrote: »

Our lease expired after one year and as of yet we have not resigned any contract.

No particular need to. You should have protection under Part 4 of the Residential Tenancies Act. http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0025.html#part4

ghostbusters25

We recieved this message from our landlord this evening after telling him we did not want his friend to park in the driveway as there was not enough space. FOR YOUR ATTENTION.
You are in occupation of the premises under a license agreement I as the licensor have agreed to allow you the licensee to occupy the premises at ***********
The parking space on the left side of the driveway is not available for your use.
There are two other parking spaces at the front of the house that are available at this time.
NO PARKING IS PERMITTED IN THE CAR PARK SPACE ON THE LEFT SIDE OF THE DRIVEWAY FROM FEBRUARY 9th 2015.
******************

When he says the side of the property he means the one to the left of the front of the property. Also the two free spaces he's referring to are either blocking the drive way or on double yellow lines

Victor

You should check that you have a lease and that you are tenants, not licencees.

Gatling

Victor wrote: »

You should check that you have a lease and that you are tenants, not licencees.

They would only licensee's if the landlord lived in the property too wouldnt it ,
They should have full exclusive use of the property

dixiefly

What has he been like up to now? I would text him back to say that you do not accept the changed conditions and that you want to meet him tomorrow.

TheChizler

Check here to get an idea of the difference between a lease and license, sounds like you probably have a lease and the landlord is chancing his arm.

To be safe I'd personally accommodate him Monday morning (wouldn't respond but leave the space accessible) as Threshold won't be open till then, but ring them at your first opportunity.

goz83

People can be great bullies when texting. Phone him.

Is there a gate? I would imagine that, in the interest of security, a chain lock can be used to secure the gate. Or, simply park in the spot that would block the other drive and the other car, (as suggested by the LL) and refuse to anser the door if home. Those sales people calling can be a right nuisance :P

billy few mates

Is there a big van you could borrow...or another car...? I'd be filling that driveway up and telling him sorry we already use it....

CIARAN_BOYLE

ghostbusters25 wrote: »

We recieved this message from our landlord this evening after telling him we did not want his friend to park in the driveway as there was not enough space. FOR YOUR ATTENTION.
You are in occupation of the premises under a license agreement I as the licensor have agreed to allow you the licensee to occupy the premises at ***********
The parking space on the left side of the driveway is not available for your use.
There are two other parking spaces at the front of the house that are available at this time.
NO PARKING IS PERMITTED IN THE CAR PARK SPACE ON THE LEFT SIDE OF THE DRIVEWAY FROM FEBRUARY 9th 2015.
******************

When he says the side of the property he means the one to the left of the front of the property. Also the two free spaces he's referring to are either blocking the drive way or on double yellow lines

http://www.prtb.ie/media-research/publications/leases-and-licences

I reckon you are probably tenants with part iv protection you can read the above link to help determine whether you are licencees or tennants.

Del2005

ghostbusters25 wrote: »

We recieved this message from our landlord this evening after telling him we did not want his friend to park in the driveway as there was not enough space. FOR YOUR ATTENTION.
You are in occupation of the premises under a license agreement I as the licensor have agreed to allow you the licensee to occupy the premises at ***********
The parking space on the left side of the driveway is not available for your use.
There are two other parking spaces at the front of the house that are available at this time.
NO PARKING IS PERMITTED IN THE CAR PARK SPACE ON THE LEFT SIDE OF THE DRIVEWAY FROM FEBRUARY 9th 2015.
******************

When he says the side of the property he means the one to the left of the front of the property. Also the two free spaces he's referring to are either blocking the drive way or on double yellow lines

What a moron, not only has he not registered you with the PRTB it looks like he's trying to scam the rent a room system also. Ball is completely in your court here, a few phone calls could have him in a lot of bother.

verywell

Living with landlord = licensee
Living without landlord = tenant

Which one are you?

If you're a tenant he cannot take space in your driveway.

Santa Cruz

verywell wrote: »

Living with landlord = licensee
Living without landlord = tenant

Which one are you?

If you're a tenant he cannot take space in your driveway.

He can if it is in the lease. However this fella seems a total gangster. I dont believe for one minute that he has a friend that needs it. Probably rented to an employee in the hospital that cant get staff parking

RainyDay

goz83 wrote: »

People can be great bullies when texting. Phone him.

Good idea. And mention the PRTB in the phone call. Hopefully he's smart enough to know that you going to the PRTB will cost him a lot more than the parking space. However, based on what's happened so far, I'm not so sure.

I'd be inclined to keep parking in the space. If possible, make sure there is a car parked in the space at all times. Leave the ball in his court. It would be fun to have him ringing up the PRTB.

verywell

Santa Cruz wrote: »

He can if it is in the lease. However this fella seems a total gangster. I dont believe for one minute that he has a friend that needs it. Probably rented to an employee in the hospital that cant get staff parking

Your landlord can come along and take over your driveway?

Are you sure that is correct?

Unless the LL had the foresight to know someone might need his driveway, I highly doubt that is in the lease.

What did your lease say when you first signed it? If there is no new lease, would it still stand??

runawaybishop

Del2005 wrote: »

What a moron, not only has he not registered you with the PRTB it looks like he's trying to scam the rent a room system also. Ball is completely in your court here, a few phone calls could have him in a lot of bother.

A few phone calls will result in him having to register is all. In most cases the LL will get a slap on the wrist and a nominal penalty.

OP, him not being registered doesn't mean a thing to you, you still have full protection. You said the space is in your driveway so it would appear that you should have full and exclusive use of it unless specified otherwise in the lease. Inform the landlord in writing you do not give permission for him to park there. If someone does then get it towed. If the landlord continues to harass you about this then inform him, in writing, you are not willing to facilitate any parking and request he desists with his requests. Insist all communication is in writing and keep copies of everything. Also consider looking for somewhere else to live as your relationship will be soured to day the least and if this is the way he behaves you are better off finding a more professional LL.

Alternatively if you want you could negotiate a lower rent for the period the space is in use.

Del2005

runawaybishop wrote: »

A few phone calls will result in him having to register is all. In most cases the LL will get a slap on the wrist and a nominal penalty.

Doubt that is how the Revenue will deal with the LL.

runawaybishop

Del2005 wrote: »

Doubt that is how the Revenue will deal with the LL.

No one mentioned revenue so i was referring only to the PTRB, who are relatively toothless.

ghostbusters25

We allowed him to use the car parking space this morning while we waited to speak to threshold and the PRTB. He is not registered with the PRTB and Threshold stated that we as tenants had rights to exclusive enjoyment of the property that meant front garden, driveway, back garden house etc. However we cannot find the lease that we signed when we first moved in so we do not know if it stated that we only had one parking space outside. I do not believe it did because it was an old generic lease that he had printed off for us to sign I don't recall it having any specifics to this property at all. She said if we could find the daft ad with it saying two spaces then we must have two spaces allocated to us. She said we would be well within our rights to tell him that we want exclusive enjoyment to the property as entitled and if he does not participate with this then we will have no choice but to contact the PRTB to make a complaint.

seamus

So I suspect this is not as cut-and-dried as people seem to think it is. I don't see any reason to assume that a tenant can automatically has exclusive use of the driveway for a parking their car, unless it's included in the lease.

The requirement to request access to the property usually only applies to access to the building, not to the land itself.

However, that said, unless specifically stated in the lease I don't believe that the landlord would have the right to withdraw access to all or part of the driveway whenever he wanted.

So in other words, the landlord's mate can probably legally park in the driveway, but the landlord can't demand that you leave the space free.

The OP needs to find his lease agreement. You can't assume anything without it.
Since the landlord has gone to the rather odd process of putting a sign up at the parking space, I'm thinking that these spaces may actually be located on communal property (even if they're right outside the front door). This is quite typical in managed estates - the property boundary ends at the front of the house, and the car parking spaces are part of the managed estate, even though they appear to be in the "driveway".

As such, it means the spaces can be reassigned to whomever by the landlord. Again, unless the lease states that the tenants have exclusive right to use these spaces.

KCross

seamus wrote: »

The requirement to request access to the property usually only applies to access to the building, not to the land itself.

Where did you get that from?

Usually the wording is something along the lines of:

Provided that the Tenant shall pay the Rent and perform the covenants on his part already referred to, the Landlord shall permit the Tenant to have quiet enjoyment of the property during the Term agreed without interruption by the Landlord or the Landlord's Agent.

To me, "the property" is the entire property as defined in the land registry and not just the building.

Are you saying that the LL can just walk in and interrupt someone having a BBQ in their back garden... I doubt it. I can't see how the driveway would be any different if its part of the boundary of the property.

Maybe if it said "quiet enjoyment of the building" you might be right.

So, unless their original lease is an odd ball lease that specifically excluded this space I cant see how the LL can just unilaterally revoke a space now.

Either the space is belong to this specific property or not. If it is, he cant take it back unless the original lease specifically says so, in which case they were never entitled to it.

KCross

runawaybishop

seamus wrote: »

So I suspect this is not as cut-and-dried as people seem to think it is. I don't see any reason to assume that a tenant can automatically has exclusive use of the driveway for a parking their car, unless it's included in the lease.

The requirement to request access to the property usually only applies to access to the building, not to the land itself.

However, that said, unless specifically stated in the lease I don't believe that the landlord would have the right to withdraw access to all or part of the driveway whenever he wanted.

So in other words, the landlord's mate can probably legally park in the driveway, but the landlord can't demand that you leave the space free.

The OP needs to find his lease agreement. You can't assume anything without it.
Since the landlord has gone to the rather odd process of putting a sign up at the parking space, I'm thinking that these spaces may actually be located on communal property (even if they're right outside the front door). This is quite typical in managed estates - the property boundary ends at the front of the house, and the car parking spaces are part of the managed estate, even though they appear to be in the "driveway".

As such, it means the spaces can be reassigned to whomever by the landlord. Again, unless the lease states that the tenants have exclusive right to use these spaces.

Nonsense, the tenant would by default have access to and exclusive use of the driveway, garden and any outbuildings within the property boundary the unless explicitly mentioned in the lease.

Victor

seamus wrote: »

So I suspect this is not as cut-and-dried as people seem to think it is. I don't see any reason to assume that a tenant can automatically has exclusive use of the driveway for a parking their car, unless it's included in the lease.

Nope.

Residential Tenancies Act 2004 wrote:

4.—(1) In this Act, unless the context otherwise requires—

“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

Residential Tenancies Act 2004 wrote:

12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling

seamus

I stand corrected

Markcheese

If the tenants have been using the car-parking space /spaces for a year and a bit unhindered I'd kind of assume it was included In the lease.
Is the car parking space empty during the day anyway ? If so ,is it worth making hassel over ?

ghostbusters25

No both are there during the day. He replied to our text stating he was away and not in a position to address this but he will do so on his return but please refrain from parking in the reserved parking spot.

Ronin247

ghostbusters25 wrote: »

No both are there during the day. He replied to our text stating he was away and not in a position to address this but he will do so on his return but please refrain from parking in the reserved parking spot.

He sounds like a chancer to me.

Reply that, according to the terms of your tenancy, there is no "reserved parking spot" available, and if he persists in annoying you, you will have no choice but to seek legal redress through the courts.

Mr. Incognito

Tenants have parking if it is normally enjoyed with the dwelling. I have even seen adjudicators infer one into a lease in the prtb where there was no valid mention in the lease.

The landlord is chancing his arm here. Report him to the prtb and quote the reference number to him by text.

He wont be long changing his tune.

Sounds like a bit of a moron tbh.

billy few mates

Fill the driveway with "your own" vehicles so there's no where left to park even if that means borrowing a couple for the day.
Failing that allow them to park on the drive then park your 'fleet' behind theirs blocking them in and then head off to the pub (on foot) for a few pints and leave them stranded for a few hours. When you return refuse to move your vehicles because you've been drinking and tell them you'll move them the next day when you've sobered up...

glic71rods46t0

ghostbusters25 wrote: »

No both are there during the day. He replied to our text stating he was away and not in a position to address this but he will do so on his return but please refrain from parking in the reserved parking spot.

Reply to him saying that there is no reserved parking spot. Do not allow him to create a default position that the parking has been assigned to someone else and you have to plead to get it back. Be very firm that the parking is yours and that the matter will be dealt with by PTRB and you are formally advising him to refrain from offering the parking to someone else.

OldMrBrennan83

This post has been deleted.

mfergus

Sounds like he's only chancing his arm.
Park your car there and ignore him...

maccydoodies

What's the plan for today?

NoCrackHaving

Stop texting and start either phoning or sending registered letters.

ABajaninCork

NoCrackHaving wrote: »

Stop texting and start either phoning or sending registered letters.

Actually, I wouldn't even call now as the LL won't listen to reason. Go straight to the registered letter route. You've then got proof, and a paper trail for the PRTB.

Don't forget to print off the proof of delivery too!

ghostbusters25

Patww79 wrote: »

This post has been deleted.

I don't think I've let him away with it by trying to be reasonable and polite.
I understand where your coming from but I also can't help thinking that this isn't the person who's parking there issue. I don't want them to come to the house and it just being blocked off with no rhyme or reason to it.

We have told him that we would give him the courtesy of the car parking space til Friday as he is away and that allows him to give the stranger enough notice to sort something out from next week. We also told him that any parking fines or tickets we recieve in this time will be his responsibility. If he doesn't agree with this then he can contact the stranger and tell them to find another spot immediately.

Friday after work the reserved parking sign will be taken down and the car space will be used by us as normal.

I have a feeling when he is back he is going to try and initimate us into submission, as we are young girls in our twenties I think he thinks we are easily manipulated.

ghostbusters25

Also we have no address for the Landlord. Only a mobile phone number.

NoCrackHaving

ghostbusters25 wrote: »

I don't think I've let him away with it by trying to be reasonable and polite.
I understand where your coming from but I also can't help thinking that this isn't the person who's parking there issue. I don't want them to come to the house and it just being blocked off with no rhyme or reason to it.

We have told him that we would give him the courtesy of the car parking space til Friday as he is away and that allows him to give the stranger enough notice to sort something out from next week. We also told him that any parking fines or tickets we recieve in this time will be his responsibility. If he doesn't agree with this then he can contact the stranger and tell them to find another spot immediately.

Friday after work the reserved parking sign will be taken down and the car space will be used by us as normal.

I have a feeling when he is back he is going to try and initimate us into submission, as we are young girls in our twenties I think he thinks we are easily manipulated.

Don't delude yourselves. You won't have a legal leg to stand on when it comes to parking tickets. Whatever you do, park somewhere where you won't be fined/ticketed because you'll be the ones paying.

ghostbusters25 wrote: »

Also we have no address for the Landlord. Only a mobile phone number.

This is very odd. Surely when you signed the lease there has to be a registered address for the landlord on it somewhere. I've never seen a lease without the landlords/agents address on it.

ABajaninCork

Legally, the LL has to provide you with full contact details - including his address. Did you rent direct from the LL or is there an agent involved?

runawaybishop

ghostbusters25 wrote: »

We also told him that any parking fines or tickets we recieve in this time will be his responsibility. If he doesn't agree with this then he can contact the stranger and tell them to find another spot immediately.

You haven't a leg to stand on there. I would not go down that route. Park your cars in the available spaces and do not let anyone else onto your property.

ghostbusters25

Yes we rent directly from him. The only information we've recieved from him excluding his contact number is his bank account details to pay him.

We have no where near us at all to park legally. Like I said we are right beside a very busy hospital there are double yellow lines everywhere.

We understand the parking fine thing is probably a long shot, but in forcing us out onto the road when he catagorically said there would be two parking spaces with the property it would be something I would try and push.

runawaybishop

ghostbusters25 wrote: »

Yes we rent directly from him. The only information we've recieved from him excluding his contact number is his bank account details to pay him.

We have no where near us at all to park legally. Like I said we are right beside a very busy hospital there are double yellow lines everywhere.

We understand the parking fine thing is probably a long shot, but in forcing us out onto the road when he catagorically said there would be two parking spaces with the property it would be something I would try and push.

You can try but you won't get anywhere. He is under no obligation in the slightest. Has he shown himself to be generous when it comes to parking previously or am I in the wrong thread

ghostbusters25

runawaybishop wrote: »

You haven't a leg to stand on there. I would not go down that route. Park your cars in the available spaces and do not let anyone else onto your property.

No your right, you definitely have a point it was probably hope and naviety on our part to think he would actually follow through with this.

I feel like i'm between a rock and a hard place at the moment.