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Parking Space Rented Out Without Permission

  • 21-09-2019 2:52pm
    #1
    ArnoldJRimmer
    Registered Users Posts: 2,492 ✭✭✭


    Hi

    My friend owns an apartment in Dublin, but has been renting it out in recent years. Between tenants, she returned to find that her space had been occupied. The space was purchased with the apartment (99 year hold).

    On further research, she found out that the car parking company (separate to management company of building) had been renting out the space without her knowledge or consent. She had left it for previous tenants to use but they did not have a car. This company apparently took notes on what spaces were not being used and decided to make some money from it

    Has anything similar happened to anyone else? Do you know what rights she may have, or if the car parking company are within their rights to do this? Any advice would be appreciated


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,707 Admin ✭✭✭✭✭hullaballoo


    She could probably sue for mesne profits amongst other things but not an awful lot of people know that.


  • #3
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Are parking spaces not normally simply a license to use? If they're able to offer her another space as the need arises is there any loss here?


  • #4
    ArnoldJRimmer
    Registered Users Posts: 2,492 ✭✭✭ArnoldJRimmer


    My knowledge is limited, but my understanding is that the parking space is owned once purchased, particularly given that it’s a private apartment block. Open to correction on that, but some places actually sell the spaces separately, and give you choice of buying the space when you are buying the property. Which again leads me to believe that they were wrong to do so


  • #5
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Samuel T. Cogley wrote: »
    Are parking spaces not normally simply a license to use? If they're able to offer her another space as the need arises is there any loss here?

    Some of the older blocks in Dublin had separate leases for the car spaces which could even be bought/sold independant of the Appartment


  • #6
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    hullaballoo wrote: »
    She could probably sue for mesne profits amongst other things but not an awful lot of people know that.

    Which is actionable for trespass arising from wrongful possession, but is it actually considered trespass in such a case when the actual owner* has given permission for it's use, and if so who is the liable party, the management/parking company or the new user?

    *Edit: Just re-read the OP, I initially hought they meant the management/parking company were the owners.


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  • #7
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Glass fused light wrote: »
    Some of the older blocks in Dublin had separate leases for the car spaces which could even be bought/sold independant of the Appartment


    Is this one though? I would think the majority use licenses only, these could be bought or not bought with an apartment I know of a number of complexes set up like that.


  • #8
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Samuel T. Cogley wrote: »
    Is this one though? I would think the majority use licenses only, these could be bought or not bought with an apartment I know of a number of complexes set up like that.

    I know a few that were Pre Celtic Tigre and had two separate leases, a few that were specific spaces fixed in the lease and others that were apparently very wishie washie with no guarantee of a parking space as all.

    What is clear is that the friend has not been looking after her investment by attending meetings or getting and reading the annual statements. How much money is the MC gaining in this arrangement and when and how was it voted on etc.


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