Landlord, Tenant or Letting Agent? Shared drive woes.

[beachball]

Hello!

Next door was recently rented out for the first time and is being managed by a local letting agent. As luck would have it, tenants from hell moved in - joy.

One of the issues is that they keep parking on an area used for turning - every single day/night. Four other households use this area all the time; it's the width of a car and no good when a car is parked in it. So far it's taken months to get the letting agent to tell the tenants to stop parking there (thanks to some erroneous information from the landlord originally), but even now that they've been told they continue to do so.

Can I/should I keep banging on to the letting agent? Or should I be focusing on the landlord or the tenants themselves? (via my solicitor). At the end of the day, if legal action is required then I'm not sure who I should be targeting. The landlord has told the letting agent to tell the tenants to stop parking there.

The area in question falls within the boundary of the rented property, but the plan from when the development was built shows it to be a right of way. There's no express permission to park on it, nor load/unload.

Basically, everyone wants it to stop, but the tenants continue to disobey everyone. The property was marketed with this being a parking space, the letting agent always seems to be on the side of the tenants and my god it's been a fight thus far!

Help!

[des8]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Have you checked with Land Registry to see if the right of way is registered?

It will initially be something to take up with the tenant who is causing the obstruction.
If he continues ask the landlord to remonstrate, (although I don't know how far a landlord is responsibe for his tenants actions)
If that fails you would have to take court action against the tenant on the basis that the parking of the vehicle caused a substantial interference with your rights.
Your remedy would be damages &/or an injunction to stop the interference

[seduraed]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

If it is still a right of way then the council may be able to help. One of the provisions in the highways act or the countryside and rights of way act may help.

[Crazy council]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

I agree with the above, and this will be on the planning ( the turning area ), i have seen a few of these, especially in groves were there's not enough room for a round about.

[beachball]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Thanks all, very helpful.

The letting agent reminded the tenants that they cannot block the right of way again today. However, the landlord has said they can park on the front garden instead.

Anyway, I always thought that wasn't allowed around on this development, but the wording of the clause is pretty bad with no commas - and somewhat vague about which garden (front of back or both).

"Not to permit any motor vehicle boat house on wheels motorised caravan or temporary structure of any kind to be placed
in the garden of the Plot except in such a location where it shall be screened from view by close boarded fencing or some other similar form of enclosure."

Unless there is such a thing as a "motor vehicle bout house on wheels" then I assume it ought to have been "motor vehicle, boat, house on wheels, motorised caravan or...".

Hmmm - does that translate to "no parking on your front garden" or not?

[Crazy council]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Ity just means no permanent ( more than a few days without moving ) caravans, cars or boats on the drive. These only usually refer to the front and or any car port area. There should be a plan somewhere, with the shared areas marked in pen, try original planning docs.

[beachball]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Yes, I've got the original planning docs, etc. Essentially it's a shared drive serving 5 houses. Each house has a garage and one parking bay (as per the plan). However, two cars can fit outside the garages and this causes no probs. These guys want a 3rd car. Originally they were parking it on the ROW (part of the shared drive, used for turning) but now, having given up on that, they're currently hacking up the bush outside in order to fully consume their own front garden. I doubt it's even going to fit! Grrr

[Crazy council]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Hi

Is were there parking the cars ( the 3rd one ) any closer towards the building than the others, and is the hedge there hacking down, a boundary. If the car is further forward than the plan permitted, then that could affect the owner of the property if there's an insurance claim. Its really the owners problem to sort it out, but i would persue the agent as well.

[beachball]

Re: Landlord, Tenant or Letting Agent? Shared drive woes.

Here's a pic of the plan, probably helpful!

The top most red dot is the turning area which is part of the stippled right of way over the whole drive. The lower red dot is the garden which is now being parked on instead. The bush was around the edge of the garden, but is now piled up in the turning area, ironically!

Yellow areas are allocated parking bays in front of each garage.




"Not to permit any motor vehicle, boat, house on wheels, motorised caravan or temporary structure of any kind to be placed in the garden of the Plot except in such a location where it shall be screened from view by close boarded fencing or some other similar form of enclosure."