Parking and Apartment rental dispute.

djimi

Kaiser2000 wrote: »

2. Send a letter/text to the landlord informing him that rent will not be paid until the issue is resolved. I'd imagine that will prompt some response!

A notice of arrears followed by a notice of termination I would imagine.

djimi

Hiddenstranger wrote: »

So is it just basically keep hasseling the landlord for months on end to no end meanwhile I park my car across the road where it isn't covered by insurance, which is inconvenient and just so stupid I can't begin to say why, and nothing changes as the ball is jn the landlords court.

There is no reason that your car would not be covered by insurance, unless you have the only policy in Ireland that specifies exactly where it must be parked at all times.

roadsmart

Sorry, but OP is talking bawl ox about insurance.

_Kaiser_

djimi wrote: »

A notice of arrears followed by a notice of termination I would imagine.

Wouldn't be so sure considering the response (or lack thereof) so far.

The idea though that tenants should continue to hand over large sums of money every month while dealing with crap like this, or any of the other things we read on this forum every week, is nonsense though.

Renting is a two-way service, not an easy way for cowboys to pay their mortgage or kids to try and make "easy money" and if I wasn't getting the service I expected and was paying for, not a chance would I continue to pay until the issues were addressed to my satisfaction.

That's not to say I wouldn't pay up once it had been sorted, but until we have a professional, properly and effectively regulated rental sector (and I would hardly count the PRTB as fulfilling that purpose) then it will continue to remain the free-for-all it has always been.

Of course for that to happen, all parties concerned would have to start seeing and treating it as a serious business, not a stepping stone to property ownership or the option for those who can't do any better - but seeing as everyone is so busy trying to fire up the property market again I wouldn't hold my breath!

_Kaiser_

djimi wrote: »

There is no reason that your car would not be covered by insurance, unless you have the only policy in Ireland that specifies exactly where it must be parked at all times.

roadsmart wrote: »

Sorry, but OP is talking bawl ox about insurance.

Yea that makes no sense either. Unless it's a company car or something maybe on their policy?

The_Morrigan

My car insurance policy includes the detail that I keep my car in a secure area overnight as I have a space in an underground carpark- I never asked if my insurance would be voidable if I didn't comply with that. This may be the same with the OP.

_Kaiser_

The_Morrigan wrote: »

My car insurance policy includes the detail that I keep my car in a secure area overnight as I have a space in an underground carpark- I never asked if my insurance would be voidable if I didn't comply with that. This may be the same with the OP.

I'd imagine it just gives you a bit of a discount.. what happens if you stayed overnight at a friends, or down the country in a hotel for a few days? Your insurance wouldn't be voided as a result.

It's possible the OP is assuming it is for the same reason, but the only other thing I could think of is that it's a company policy as above.

The_Conductor

My insurance policy also has a similar clause- it must be overnighted in a secure premises or garage.

Pawwed Rig

The only issue I can think of is that the insurance company asks where the car will generally be stored at when the policy is being set up. The OP may need to inform the company where the permanent storage will not be at the address on the policy. It would be a minor issue though.

The_Morrigan

Kaiser2000 wrote: »

I'd imagine it just gives you a bit of a discount.. what happens if you stayed overnight at a friends, or down the country in a hotel for a few days? Your insurance wouldn't be voided as a result.

It's possible the OP is assuming it is for the same reason, but the only other thing I could think of is that it's a company policy as above.

This is why I said voidable as opposed to void....the insurance company could void the policy depending on the rest of the facts presented.

_Kaiser_

Never seen a policy insist on that though - they ask where it's normally kept alright and this helps determine the policy amount (secure parking in a good area id obviously less risky than on-street in a "bad" area) but I've never heard it as a potentially voiding condition.

djimi

Insurance usually words is something along the lines of "where the car is normally kept overnight" which I think it taken to mean something like 4 nights of every week. I doubt very much that they could void a policy just because the car is not stored overnight in a secure underground car park; plenty of hotels for example do not have such a facility.

djimi

Kaiser2000 wrote: »

Wouldn't be so sure considering the response (or lack thereof) so far.

The idea though that tenants should continue to hand over large sums of money every month while dealing with crap like this, or any of the other things we read on this forum every week, is nonsense though.

Renting is a two-way service, not an easy way for cowboys to pay their mortgage or kids to try and make "easy money" and if I wasn't getting the service I expected and was paying for, not a chance would I continue to pay until the issues were addressed to my satisfaction.

That's not to say I wouldn't pay up once it had been sorted, but until we have a professional, properly and effectively regulated rental sector (and I would hardly count the PRTB as fulfilling that purpose) then it will continue to remain the free-for-all it has always been.

Of course for that to happen, all parties concerned would have to start seeing and treating it as a serious business, not a stepping stone to property ownership or the option for those who can't do any better - but seeing as everyone is so busy trying to fire up the property market again I wouldn't hold my breath!

Nonsense as it might be, the law does not permit for tenants to withhold rent with they have a grievenace about something. It does however allow for a landlord to start eviction proceedings where rent has not been paid.

I agree with the sentiment in theory and it may well work, but you have to be careful when advising such action as it may well backfire.

foggy_lad

Op you should look for another place and write to the landlord giving notice and explaining that it is because they have failed to provide the parking permit which was part of the letting.

The insurance could well be a problem as many companies won't provide cover when a car is left on the street when a more secure place is available nearby. This obviously would not apply if the op was visiting or away from home.

_Kaiser_

djimi wrote: »

I agree with the sentiment in theory and it may well work, but you have to be careful when advising such action as it may well backfire.

True, and that's why I said that ultimately it's up to the OP. Because of the general make-it-up-as-we-go approach to renting (and pretty much everything in this country!) it will depend very much on the individuals involved (on both sides!)

Ahh for a rental sector/country were the rules were adhered to by all!

Victor

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.

Do not advocate fraud.

Moderator

Greenmachine

davo10 wrote: »

Not correct. I own an apartment which has an allocated space with the apartment number painted on the space. The allocated space was part of the purchase agreement. A few years ago the management company started this clamping crack with tags because the apartments are near a busy train stop and commuters were parking there. My car was clamped while I was in there doing maintenance. I refused to pay and they were about to tow when I informed them that they were taking my car which was legally parked IN MY PROPERTY. A quick phone call to head office and they removed the clamp and apologised. So djimi, if the OP is renting the property and a defined car park space is part of that property, well you can figure out the rest for yourself.

Something similar happened to a friend of mine with a similar car park setup in leixlip. I drive to the top of the estate across the road from park there and walk across. He bought a car a one point and had it clamped. Cue a few furious phone calls.

Lenin Skynard

Victor wrote: »

Do not advocate fraud.

Moderator

Breaching a management company's internal parking policy doesn't amount to fraud. Relax.

Hiddenstranger

Lenin Skynard wrote: »

Breaching a management company's internal parking policy doesn't amount to fraud. Relax.

Besides I can't do it anyway. All the permits have a little barcode on the and the clampers have a little machine to check each one

minusthebear

If it were me I wouldn't pay any further rent until the issue is sorted. Park a cross the street in the meantime.

Gatling

minusthebear wrote: »

If it were me I wouldn't pay any further rent until the issue is sorted. Park a cross the street in the meantime.

That's means you go from clamped to evicted too ,

athtrasna

minusthebear wrote: »

If it were me I wouldn't pay any further rent until the issue is sorted. Park a cross the street in the meantime.

The lease doesn't include parking. The OP has no right to withhold rent on this basis, nothing from the lease is being withheld. It's between the OP and the landlord to sort.

orchidsrpretty

athtrasna wrote: »

The lease doesn't include parking. The OP has no right to withhold rent on this basis, nothing from the lease is being withheld. It's between the OP and the landlord to sort.

Their was a verbal agreement about parking being a free for all with no mention of permit required. Breach of contract? If OP knew this at the time s/he might not have bothered with the place?

Also I'd start billing for the time lost while car clamped i.e. three hours late for work while waiting to get de-clamped bill landlord for clamping fee + loss of pay for those three hours. Seems only right.

Grandpa Hassan

orchidsrpretty wrote: »

Their was a verbal agreement about parking being a free for all with no mention of permit required. Breach of contract? If OP knew this at the time s/he might not have bothered with the place?

Also I'd start billing for the time lost while car clamped i.e. three hours late for work while waiting to get de-clamped bill landlord for clamping fee + loss of pay for those three hours. Seems only right.

And who would you bill?

The_Conductor

Grandpa Hassan wrote: »

And who would you bill?

Presumably the Management Company- or their agent- its outside of the giving of the landlord- all the parking would be vested in the Management Company and only the Management Company would be able to decide on how to apportion it etc.?

Pawwed Rig

The_Conductor wrote: »

Presumably the Management Company- or their agent- its outside of the giving of the landlord- all the parking would be vested in the Management Company and only the Management Company would be able to decide on how to apportion it etc.?

Ah come on lads, that will never happen. No court in the land (and this issue will never end up in court anyway) would allow you to charge your time for this issue. The OP knows he is liable to be clamped so after the first time a reasonable person would have made efforts to minimise the expenses and park in a legal way while working something out with the landlord or moving out, one or the other. There is a possibility that they may come to an agreement where the landlord would have reimbursed reasonable parking expenses but the fact he allows himself to be clamped over and over is his own fault, not the landlord.

djimi

Why would the management company be liable? The issue appears to be between the tenant and their landlord, and even if it wasnt clear who was at fault I doubt the management company would be one bit interested in dealing with a tenant over a matter such as this.

Lantus

odds_on wrote: »

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.

This is typically the most likely answer. The OMC is bound by data protection and so cannot state whether fees have been paid or not. The landlord is free to spin any old story re the 'evil' management company/agent messing him about. You as the tenant are the piggy in the middle.

The landlords rights of access and so by default any third party like a tenant are ultimately dependant upon payment of service fees.

Does your lease state you have a parking space and free access to it?

Unless you can park easily outside and are happy to do so I would give reasonable notice (your choice as to how long) or else give notice and move out. If your contract states you have a parking space then your landlord is in breach of contract. Also, worth doing a check online to see if property is PRTB registered and even if not I'd open a case with them for loss of access and report for not being registered if that's the case also.