car parking "dispute"

wonder if anyone has any experience with something like this.
we rent a space in town (took it on less than a month ago)

it seems we've been caught in a dispute between another tenant and the landlord as someone keeps parking in our spot or leaving notes on the window when we do manage to get into it.

landlord and agent have been given multiple chances to sort it out but its not getting resolved.

we've been in to the office, on the phone, sent emails so next step is the small claims court I reckon, but has anyone been in this situation before.

agent seems to be doing what he can, but seems like the other person is not going to give in. we do have confirmation that it is our spot and we are parking in the right place etc. im guessing the other guy lives in the apartments has just been using the spot for free up until now

Was it mentioned in the lease?

Which part?

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Originally Posted by Alan_D

Which part?

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That the parking space came with the rental?

I wouldn't know. I haven't access to the other person's lease, I'm just assuming that's why they keep parking there. Could be lots of other reasons I'm sure.

Leave a note on their windscreen explaining the situation, saying you entered into a lease in good faith believing the space was unused and ask them to call you so you can understand what the story is as the landlord & agent say it should be unoccupied.
Get their side of the story and the go back to the landlord. I wouldn't pay anymore rent until it's sorted.
They're probably having a bun fight over something and you're in the middle of it so I'd keep an eye out for an alternative spot too

Have left a note a few times with explanation and phone number but they won't call and continue to park in the space.

Would you say we are within rights to stop paying / get out of the lease

Quote:

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Originally Posted by Alan_D

Have left a note a few times with explanation and phone number but they won't call and continue to park in the space.

Would you say we are within rights to stop paying / get out of the lease

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IMO yes you are, you signed a contract, and it specifically stated you have access to a space, they are breaking their end of it.

I'd say hold off on rent until its sorted and it will light a fire under them pretty promptly.

I lived in an apartment in Galway before and letting agent was subletting to his friend without landlords concent cash in hand job. We got in touch with the landlord and he went ballistic and moved to a different letting agent.


Sent forward in time from my Nokia 3210

Quote:

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Originally Posted by Alan_D

Have left a note a few times with explanation and phone number but they won't call and continue to park in the space.

Would you say we are within rights to stop paying / get out of the lease

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You definitely are. Give the landlord written notice that they are in breach of the lease and that if it's not sorted by the end of the month they are in breach of the lease and they can should refund your deposit to you.

Buy a cheapest car out there and just park it there.Then not use it at all.:hehe!:

If all else fails I'll park a caravan and move in for a few days

Btw you can't stop paying the rent, so don't listen to any of that nonsense advise. No offence to anyone that gave it but legally speaking that is not an avenue you can pursue. Speak to threshold about this, they are best placed to get it sorted. Realistically it may end up with landlord having to install a post on the space to prevent this happening. That said do not stop paying rent it puts you in the wrong and will not stack up should the landlord wish to pursue it. Threshold is best suited to advise

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Originally Posted by listermint

Btw you can't stop paying the rent, so don't listen to any of that nonsense advise. No offence to anyone that gave it but legally speaking that is not an avenue you can pursue. Speak to threshold about this, they are best placed to get it sorted. Realistically it may end up with landlord having to install a post on the space to prevent this happening. That said do not stop paying rent it puts you in the wrong and will not stack up should the landlord wish to pursue it. Threshold is best suited to advise

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While you are 100% correct, not paying rent will put you in the wrong, but in my experience it gets a particular situation resolved the quickest. I'm not talking about refusing to pay, just holding back payment until situation is solved. I've done it before and worked the treat. It was a last resort though, after giving the landlord sufficient time rectify the problem.

EDIT: By the way its a serious headache for a landlord if a tenant refuses to pay rent, very difficult legal route for them to pursue the way tenant laws are in Ireland. Took a mate of mine three years to get someone legally evicted from his property who was living rent free!!

It's not the approach I would advise anyone. Regardless if it worked or not. Ask advice from someone with expertise that is threshold.

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Thanks lads but its a license not a landlord / lease as far as I know and not covered by threshold or prtb. It's more like a utility bill. Small claims court is where we'll get it resolved. We'll keep paying fees until judgement and then expect a refund/judgement for services not provided

We're speaking with the consumer agency about it.