Looks like ex tenants have subletted parking space

Londonsu

I have been helping a friend buy a house here on the Island, the house is a large property with an annexe attached the annexe has been rented out.

Two sales had fallen through before my friend bought it both due to the annexe tenants, the first sale fell through as the vendors (who live on the mainland) did not follow the correct procedures to end the tenancy, we are not sure why the second sale fell through but it seems that the buyers were worried that the tenants would not leave. My friend was lucky she was paying cash and could afford to wait until the tenants left they were evicted last week so my friend was able to exchange, completion was yesterday.

There are parking issues in the street, some of the larger houses have got driveways but a lot of the houses have been turned into flats with little parking, the on street parking is residents only, my friends new house has a drive and parking for two cars.

On Thursday night I went past the house and I noticed a red car in the driveway, I had seen the car there before but knowing the owners lived on the mainland I assumed the car belonged to the tenants so was a bit worried to see it there on Thursday, however the car was gone on Friday and the annexe was empty so thought no more about it.

Yesterday at 5.30 whilst the removal van was still outside there was a commotion, it was the red car complete with very irate driver who demanded the van move so he could get into 'his' parking space.

Myself and friend explained to the driver that the house was sold and that he couldnt park there but the guy was insistant that he had rented out the space from the owners.

After a lot of shouting and arguing it transpired that the 'owners' he rented from lived in the annexe in other words the tenants not the old owners of the house in fact we rang them (the old owners) last night and they had no idea the driveway was being rented. The driver left after we said we would call the police to prevent a breach of the peace and we arranged for other friends to park their cars in the driveway to stop the guy from parking there but thats only temporary

We are due to go down to the EA who sold the house as they were also the ones acting as agents for the annexe rental, however I have just had a call from my friend to say the guy has come round again this morning shouting the odds and demanding his parking space.

I am assuming the guy has no rights whatsoever to the parking space but what can my friend do if he does park there, she bought the house becuase of the annexe which will be a home for her elderly parents one of whom is in a wheelchair so really needs both spaces for their own car and room for the chair.

I am assuming the Police can do nothing except for breach of the peace issues, and my friend is worried that this is all going to cost
a lot of money if the guy tries to take her to court.

Does anyone have any suggestions

withabix

The owner of the red car has no recourse against the new owner unless the situation was specifically stated in the sale contract. From what you have stated above, it obviously wasn't.

He will have to chase the person who rented the space to him.

Tell him if he parks there again, you will have the car clamped or towed away.

Londonsu

withabix wrote: »

The owner of the red car has no recourse against the new owner unless the situation was specifically stated in the sale contract. From what you have stated above, it obviously wasn't.

He will have to chase the person who rented the space to him.

Tell him if he parks there again, you will have the car clamped or towed away.

Thanks withabix

We are going to the EA this morning but dont hold any hope, firstly I dont think the ex tenants would be using them for their new rental
and if they did I dont suppose they would give my friend or the neighbour contact details due to data protection law - but we will ask.

Yes clamping and towing may be the answer but I was thinking also about those collapsable (sp?) bollard things to stop him

thegirlintheattic

A gate or a simple chain padlocked across the driveway entrance might be a slightly longer term option, and would avoid the possible legal issues with clamping.

[Deleted User]

Please remember (having had a similiar problem myself) that it is perfectly possible that the red car owner has NOT rented the parking space at all. Someone tried this on with me, when we bought a house next to a council estate. The whole estate had limited parking and some so and so tried to insist he rented the parking space that was allocated to our house., but never had any proof. We knew this was impossible and he soon disappeared once a car clamping company made regular appearances.., although he'd been equally vocal about his rights before this.

lizzywig

When I was renting I looked into subletting our driveway as we didn't drive, however it transpired from our rental contract (shorthold tennancy agreement) that we were not allowed to sublet any part of the property or land. I researched this online and it was correct, we therefore did not sublet our parking space.

If this red car driver thought the tennants were the owners then I suspect they told him this because they also knew they were not allowed to sublet the space. The EA may not pass on their contact details but they may be able to tell you what type of contract it was and whether it permitted them to rent the space, they may follow it up with the old tennants. Either way knowing the legalities should give your friend a better position to be in.

DVardysShadow

Londonsu wrote: »

...
I am assuming the Police can do nothing except for breach of the peace issues, and my friend is worried that this is all going to cost
a lot of money if the guy tries to take her to court.

Do not let the police get involved in anything other than prevention of breach of the peace. If they attempt to involve themselves in any other aspect, they are totally ignorant of the law, but their apparent authority on law can only make a bad situation worse.

The best thing your friend can do is get the driver's address either by asking or by going to DVLA with the reg No of the vehicle and get a solicitor to write and tell the person to produce proof of the right to park there or cease forthwith.

Naf

Its a driveway, and therefore part of the property and land that has been purchased? So he is trespassing every time he parks there. If he comes back, request he brings proof of his rental, and who it was rented from as there is nobody living in the annexe now, and ownership of the whole property, including driveway, has changed.
Also, see this either for amusement, or for inspiration... you decide ;-)
https://forums.moneysavingexpert.com/discussion/3248552

theartfullodger

Yup, get a copy of his rental agreement so you can "discuss it with your solicitor ".

Wait 2 days (makes it seem like you are taking it seriously) then write 2 letters, keep copies. 1St to red car owner advising him of trespass & that you will have him clamped etc. Etc... put chain across drive.

2nd letter to HMRC advising them that tenants have been "enjoying " this income: If p**d off with vendor advise HMRC of his rental income also.. but I'm sure he's been declaring it, aye...

Give red car owner details (address etc) of EA & vendor.

Sell story to local papers /TV/radio.

Tell all neighbours what has happened & invite them round for drinks: What a great story to break the ice!

Try to get photos of car & owner 4 papers

Londonsu

Been to see the EA today they did actually know about the issue as red car had already been to see them, they do know the new address of the tenants but cant tell us ( the same as they couldnt tell red car - data protection act) .

In the meantime we had another visit, this time from one of the tenants in the flat where red car lives, it seems that he has two cars and only parking for one car so he has parked his red car in one of the other tenants space and this guy came round to demand we let red car park in the drive so HE could have his space back - we told him to take a hike.

My friend has a chap coming round on Monday to put up a temporary gate so that should stop the problem.

In the meantime my friend will be speaking to her solicitor on Monday to get legal advice.

Thanks to everyone for their suggestions

G_M

In case things turn nasty, get the name of red car man (and anyone else like the 'tenant') and take reg numbers of the car(s) in question. Ad photos.

EA will not be able to do anything.

I agree police should not get involved unless there's a breach, threats etc. If there is, then reporting threats is a good idea in case things escalate.

Best approach is a physical barrier. Either a padlocked gate/chain whatever across the drive, or a car paked there to stop anyone else.

Be cautious about clamping - the laws are complex (and changing). You may need to display a warning notice, and it may depend where you are ('island'? What island?) - Eng? Scotland? Research the relevant law before taking this action.

Although this is enfuriating for you and you clearly have right on your side, look at it from red car man's side for a minute. He probobly rented the space in good faith and may have paid (a year?) in advance. So he, too, is rightly p*ssed off! Trouble is, the villain of the story is the ex-tenant who's vanished, not you OR red car man.