New Apartment Tenancy - Parking Woes

maximoose

Why is nothing ever easy? I'll try to be brief:

14/09 - Viewed an apartment in a large complex with large number of parking spaces. Daft advert did not specify if there was/was not parking, so during the viewing we asked the agent if parking was included - were told we had a designated spot in addition to a number of visitor spaces which he states are just "the spaces with no numbers on them"

15/09 - Confirmed we were happy to take it, paid non-refundable booking deposit. 6 hours later the agent emailed to say he made a mistake and confused with another apartment, there is no designated spot but specifically mentions "8 visitor spots" that we can use - on this basis we were happy to continue. Have a paper trail of all email communication.

25/09 - Move into property and balance of deposit/rent is paid. After parking in one of the spaces with no number visible, get a note in windscreen saying it is a private spot. Discover after a lot of looking around and asking other tenants that a lot of the numbers have merely faded, and there is in fact NO visitor parking spaces whatsoever.

28/09 - After a lot of emails querying where exactly these visitor spots are supposed to be the agent tells us it is a small space alongside our block. These are not spaces, the complex is run by another management company and the house rules state cars parking here will be clamped/fined. Confirmed this with block manager.

Basically since last week now we have been arguing with the letting agency that we signed up to the apartment under the impression we had access to these rolling visitor spaces, not guaranteed access as they may be taken some days and we can fall back to on-street parking - but the option if they were free none the less. Now we have established they never existed, but they are not conceding any ground or offering any solution/compromise.

Have I grounds here for disputing this with PRTB? I'm a bit weary of doing so as I really don't want to start the lease off on the wrong foot but feeling quite annoyed by their messing/lies - and facing additional expense of a €400 parking permit or renting a spot somewhere else. But we are at an impasse, and it's only €15 to lodge a dispute and let the PRTB decide. Are their any downsides if the dispute is not found in our favour?

Theboinkmaster

maximoose wrote: »

15/09 - Confirmed we were happy to take it, paid non-refundable booking deposit. 6 hours later the agent emailed to say he made a mistake and confused with another apartment, there is no designated spot but specifically mentions "8 visitor spots" that we can use - on this basis we were happy to continue. Have a paper trail of all email communication.

At this point you should have run a mile, to be honest it was quite naïve of you to proceed after this.

Lodge a PRTB dispute certainly.

Michael D Not Higgins

It's likely that the apartment has its own spot but the owner is renting this spot to someone else in the development. Open a dispute that you were told of spots being available within the carpark but are not there. At the very least, it might urge the agent to get their arse in gear to come up with a solution. In the meantime you'll have to put up with on street parking.

maximoose

Theboinkmaster wrote: »

At this point you should have run a mile, to be honest it was quite naïve of you to proceed after this.

Yep, regretting not doing that now. Between this and a number of other small issues I'm starting to have very little confidence in the agency at all.

Michael D Not Higgins wrote:

Open a dispute that you were told of spots being available within the carpark but are not there. At the very least, it might urge the agent to get their arse in gear to come up with a solution. In the meantime you'll have to put up with on street parking.

I think that's the only option open to me now. I contacted Threshold last week and they advised to open up a dispute ASAP, and told the agency yesterday that this is my next step - and still no effort from them to resolve. Cheers for replies, I guess it's to the PRTB I go!

Is there a spot with your number on it? Id start parking there if there is and see what happens.

maximoose

Not that I can find. There's 100 apartments IIRC, and from looking at google maps I count 87 spaces, so it's not one per apt. TBH a large number of the spots don't have a number, from wear/tear or whatever reason. We've been in the place a week now and for the majority of that time there are at least 10 spaces that have been permanently vacant, but we don't want to be chancing our arm in these.

The designated spot isn't our issue now though, it's the fact we were told there would be 8 visitor spots that could be used - that never actually existed.

Theboinkmaster

maximoose wrote: »

Not that I can find. There's 100 apartments IIRC, and from looking at google maps I count 87 spaces, so it's not one per apt. TBH a large number of the spots don't have a number, from wear/tear or whatever reason. We've been in the place a week now and for the majority of that time there are at least 10 spaces that have been permanently vacant, but we don't want to be chancing our arm in these.

The designated spot isn't our issue now though, it's the fact we were told there would be 8 visitor spots that could be used - that never actually existed.

Well you have all the backup email documentation from letting agency so should have a very strong case.

Also you should contact more senior people in the agency, threaten to name and shame them online/word of mouth, lodge threshold case, lodge a small claims case online also etc. will actually force them into action as they're so scared of you and the hassle you'll cause them. Make it clear this won't be dropped and you're going to do everything you can to resolve this to your satisfaction.

I've been in similar situations before and most companies cave once they realise you're part of the 5% that actually know their rights and will fight this.

Best of luck.

ted1

I find it hard the planning permission would be granted without having visitor spots. Is it a city centre block?

Michael D Not Higgins

ted1 wrote: »

I find it hard the planning permission would be granted without having visitor spots. Is it a city centre block?

Nevermind that, there isn't even a spot per apartment.

ted1

ted1 wrote: »

I find it hard the planning permission would be granted without having visitor spots. Is it a city centre block?

Michael D Not Higgins wrote: »

Nevermind that, there isn't even a spot per apartment.

I totally agree that a space per apartment and visitor spots should be supplied in every apartment block and it should be a requirement but I'm not sure if it is.

None of the blocks I have friends in have visitor parking at all and at least one has no space allocated at all. Spaces only run up to say apartment 40 and no spaces for apartments 40 to 55 or something along those lines.

Parking is becoming a real issue and its a necessity for most people and this should be reflected in rules and regulations. I also think every rental apartment should have a parking space provided, if the tenants don't need it it could then be rented out separately by the LL for as long as they are in the apartment but then it has to be made available again if there is a change of tenants as the new people might want it.

MouseTail

Even if there were visitor spots you couldn't have used them on a regular basis. I can't see what PRTB can do here?

4ensic15

maximoose wrote: »

Why is nothing ever easy? I'll try to be brief:

14/09 - Viewed an apartment in a large complex with large number of parking spaces. Daft advert did not specify if there was/was not parking, so during the viewing we asked the agent if parking was included - were told we had a designated spot in addition to a number of visitor spaces which he states are just "the spaces with no numbers on them"

15/09 - Confirmed we were happy to take it, paid non-refundable booking deposit. 6 hours later the agent emailed to say he made a mistake and confused with another apartment, there is no designated spot but specifically mentions "8 visitor spots" that we can use - on this basis we were happy to continue. Have a paper trail of all email communication.

25/09 - Move into property and balance of deposit/rent is paid. After parking in one of the spaces with no number visible, get a note in windscreen saying it is a private spot. Discover after a lot of looking around and asking other tenants that a lot of the numbers have merely faded, and there is in fact NO visitor parking spaces whatsoever.

28/09 - After a lot of emails querying where exactly these visitor spots are supposed to be the agent tells us it is a small space alongside our block. These are not spaces, the complex is run by another management company and the house rules state cars parking here will be clamped/fined. Confirmed this with block manager.

Basically since last week now we have been arguing with the letting agency that we signed up to the apartment under the impression we had access to these rolling visitor spaces, not guaranteed access as they may be taken some days and we can fall back to on-street parking - but the option if they were free none the less. Now we have established they never existed, but they are not conceding any ground or offering any solution/compromise.

Have I grounds here for disputing this with PRTB? I'm a bit weary of doing so as I really don't want to start the lease off on the wrong foot but feeling quite annoyed by their messing/lies - and facing additional expense of a €400 parking permit or renting a spot somewhere else. But we are at an impasse, and it's only €15 to lodge a dispute and let the PRTB decide. Are their any downsides if the dispute is not found in our favour?

You should complain to the PSRA as well as the PRTB. Your lease is voidable as you entered it due to a misrepresentation. You should be compensated for the wasted expense involved in moving to another apartment. The agent should be censured by the PSRA. There is no excuse for an agent not researching the parking situation properly.

4ensic15

Boone Narrow Sadness wrote: »

I totally agree that a space per apartment and visitor spots should be supplied in every apartment block and it should be a requirement but I'm not sure if it is.

None of the blocks I have friends in have visitor parking at all and at least one has no space allocated at all. Spaces only run up to say apartment 40 and no spaces for apartments 40 to 55 or something along those lines.

Parking is becoming a real issue and its a necessity for most people and this should be reflected in rules and regulations. I also think every rental apartment should have a parking space provided, if the tenants don't need it it could then be rented out separately by the LL for as long as they are in the apartment but then it has to be made available again if there is a change of tenants as the new people might want it.

So every apartment which doesn't have a parking space should be taken off the rental market?
Every apartment block which doesn't have visitor parking spaces should be closed down?

spaceHopper

Is there a building care taker ask them about parking in one of the 10 free spots or park in one and leave a note on the windscreen saying you just moved into the building and were told by the agent you could park there but call me if there is a problem. .. and leave your number If you are parking in somebodys spot they will want to get you to move more than to get you clamped as then they still have to find somewhere else to park. Alternatively tell the agent he has two choices you open a case with ptrb and his professional body or you buy a permit and take it out of the rent