Landlord Taking Back Car Space

eqv on 04/08/2015 - 18:25

Hi guys, just wondering whether anyone has encountered similar situation with a landlord, and what would you guys do in my shoes.

I'm a tenant of an apartment unit in Sydney, and has been living in the unit for almost a year. Found out this morning that my swipe card to access the basement parking area in my building is no longer working. I checked with the building manager, and he said that the owner has taken back the car space and therefore I no longer have access to it. I called up the real estate agent that I signed my lease with, and he mentioned the same thing, that the owner has emailed him to tell him that he decided he wants to use the car space.

Now my lease agreement is for 12 months, and it's expiring in 3 weeks time, but I haven't received any termination notice yet, so I took it that it will convert into a periodic lease once the fixed term is expired. My lease agreement specifically mentions that the lease comes with car space, and although I only use the car space occasionally (only when I happen to rent a car for a few days), I thought that it's very unreasonable for the owner to decide unilaterally to take back the car space without any notification to me whatsoever.

I told the real estate agent that if the owner really wanted to use the car space, then I might be willing to let it go if they are willing to make a reasonable rent adjustment. After the REA spoke to the owner, I was offered as $15 rent deduction, which I found quite ridiculous. I've seen people advertised car spaces around the area for $50-60, and even the REA himself told me before he spoke to the owner that the current market rate for the parking space for my building specifically is around $40.

Searched around domain.com and realestate.com, and found a similar unit (without car space) in my same building being advertised for $35pw less than what I am currently paying, so I replied to the REA that if they can match that price at least, then I'd be agreeable to continue the lease without car space. However, the REA still insist on the original offer of $15 rent deduction.

After telling them that I want to stick to my lease agreement instead and to give me the car space back, he then offered $25 rent deduction.

I'm fairly certain that the landlord is in breach of the lease agreement in this situation, but if I want to insist for the lease agreement to be enforced, do you guys think it's worth the time and effort? If I go to a tribunal, can I ask for a compensation for the breach of contract, or will they just order the landlord to give the car space back?

Thanks in advance for any advice that can be useful in this instance :)

Home & Garden

Comments

  • Davo1111 on 04/08/2015 - 18:50
    +2

    http://www.legalanswers.sl.nsw.gov.au/guides/tenants_rights_…

    I'd go for the $60/wk, and just say you'll be making an application to the tenancy tribunal.

    Expect to be kicked out in 3 weeks though.

    • eqv on 04/08/2015 - 21:27

      Thanks for the link. Wanted to settle this without making too much fuss, but I feel they're trying to take advantage of my intention.

  • twadds on 04/08/2015 - 18:54
    +2

    Your landlord and real estate agent are way out of line. There is absolutely nothing legal about them renting the car space to you and then just deciding that they can take it back. They have no right to take it back from you without mutual agreement, they could possibly wait until your lease expires and renegotiate a new lease without the car space.

    As it stands, the landlord is parking in your car space, you could talk to the building manager, show him your valid lease and insist he gives you access back. You should also find out exactly when he took the space back from the building manager so you can ask for back rent. I would also file an NCAT complaint against the landlord and insist on a minimum of market rent for the time he has used your car space so far.

    I'd also look for another place as there is a decent chance that you might get a break lease notice in the next 3 weeks.

    • eqv on 04/08/2015 - 21:31
      +1

      You're right, the building manager should give my access back since I have the a lease agreement to back me up. I'm gonna ask him if I still don't hear anything back tomorrow. Thanks.

  • mini2 on 04/08/2015 - 19:03

    Just remind them if you do get turfed as a result of this, the landlord is up for another let fee (instead of just a renewal..which cost less) and who knows how long it will take them to get a tenant in or the quality.

    • toristo on 04/08/2015 - 19:28

      And you'll also still want a reference, so as much as you're in the right, they can still f-ck you if they want, so unfortunately, you'll have to play nice unless you can sign a new place without a reference from them (in which case, NCAT for an adjustment)

      • mini2 on 04/08/2015 - 19:29

        That and conveniently dump thing in TICA…

  • iratepirate on 04/08/2015 - 21:19

    1) Go to the real estate agent and tell them you do not agree to sublet the car space back to the landlord.

    2) Start looking for a new flat. The landlord is not going to renew the lease so find a new place. When you've signed a new lease give your notice to the landlord.

    3) Have the landlords car towed from YOUR garage spot and have it impounded. Agree to release it when they have paid $60 x the number of weeks they have been using it + the tow fee + impound storage costs.

    See a lawyer before you do any of this

    • eqv on 04/08/2015 - 21:32

      Hmm a bit extreme but legally valid I guess.. Do those VIC laws apply for NSW as well?

      • iratepirate on 04/08/2015 - 21:38

        No - just noticed it's in NSW see a lawyer there are similar laws in each state.

        You can only covertly record in NSW if it's for your legal protection and you are a principal party to the conversation.

        As to towing the vehicle look at the strata title for the property to find out if you can or not. As he is an owner he is bound by the strata title which may have T&C that a car parked in an unauthorised spot may be towed or clamped.

  • DarkOz on 05/08/2015 - 08:39

    If you don't need the car space offer the landlord $40 rent reduction. That's about half way between what was offered to you and advertised.

    If you need the parking space or the landlord doesn't accept it just demand the parking space back. They have no right to reclaim it when you had signed the contract and paid for it. If they refuse it's game on.

    It depends on how far you want to go with this parking space. Speak to the building manager to have it reinstated. If all parties refused you can warn them before blocking the driveway in the attempt to access the car park. If they call the cops just show the cops the contract.

    Don't worry if the landlord wants to terminate your lease as you will get plenty of notice to vacate the place. I think it's 3 months in my contract from last year (NSW).

    • eqv on 05/08/2015 - 09:50

      I have already offered $35 rent reduction, which I thought was more than fair. However, they insist on $15 rent deduction only. After I told them I rather have the parking space back, then they offered $25 rent deduction. Still don't think that's a fair rate, so I said no.

      • DarkOz on 05/08/2015 - 13:19

        That prove you are totally in charge. The landlord has no right in reclaiming the parking space without your permission. In fact I am certain that they(landlord/agent/building manager) have breached certain rental guidelines. Finding them in breach only penalises them and it won't benefit you though.

        At the end of the day it's your call to get the reduction you wanted or the parking space back.

  • Connections on 05/08/2015 - 17:26

    I would push for a $50/week rent reduction.

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