Can my landlord lease the driveway out to strangers?

G_M

It depends what rights you/the landlord have to the drive!

Most ASTs,forexample, simply specify the address of theproperty which is being let in return for rent.

The definition of that would be whatever the Land registry Title & Plan describes as 'the property' ie including the drive.

The drive therefore is part of the tenancy, and is for the use of the tenant (as is the garden), unless it is explicitly excluded in the agreement.

In a House of Multiple Occupation (HMO) however, the tenancy agreement typically specifies a room in the property being granted in exchange for the rent, plus communal use of, say, kitchen, living room etc.

So only by reading the tenancy agreement can the questionof the drive be answered.

moneyistooshorttomention

The answer morally is obvious, ie its "your" driveway and he cant.

The legal answer...I'd be looking at the Land Registry and the tenancy agreement too for specifics.

In actual fact in your position...I'd probably look to buy an absolute old wreck of a car (that might just conceivably work from the look of it). The "absolute old wreck" translating into "because that's what I could manage to buy for peanuts...£50/£100??" and park that at the entrance to the drive blocking it and then no stranger could use the drive.

Obviously, you can be as "cold" and unhelpful as you please to anyone using your drive and certainly make sure they know its yours. They might get put off trying to do so...

In 2013...I'd then be checking my tenancy agreement again to see how secure my tenancy was if the landlord started getting upset about not being able to rent out MY drive to someone else.

There is also the point that you are assuming the unwanted kid on the block would be a strangers car. It could be a strangers anything...even a mobile home type set-up.

Good luck.

browneyedbazzi

sunnyk wrote: »

2) Whose fault is it if one of these guys breaks into the house when no one is there? Who is liable?

If someone breaks into the house that person is liable for their actions. I don't understand why you think someone who rents a space on a drive is likely to break into the house or why you think anyone else who have any responsibility for their criminal actions if they did.

sunnyk wrote: »

Why would the word 'property' not cover the driveway? Also, if it is his right to lease the driveway then it is also my right to call the police about every strange car so that the police calls the car owner and the property owner.

Seriously? You think it's reasonable behaviour to call the police every time you see a car you don't know on the drive? Be prepared for the police to talk to you about wasting police time.

Even if a car on the drive belongs to someone who hasn't rented a space it would be a civil rather than criminal matter (unless they caused some sort of damage by parking there or there are serious aggravating circumstances , trespass isn't a criminal matter)

Dave_the_Ginger_Cat

In London, drives can attract upwards of £20 per day as parking is so expensive. If I had a HMO, I would do this as it generates great revenue. So long as it does not confict with your contract, I can see nothing untoward

If you feel unsafe, you may be able to appeal to the landlord to have security lighting fitted

[Deleted User]

sunnyk wrote: »

1) Because there are people I dont know walking out the drive way in the middle of the night

Annoying but there isn't much you can do about it.

2) Whose fault is it if one of these guys breaks into the house when no one is there? Who is liable?

The criminal's.

3) How can I tell who is renting and who has just decided to park their car there for whatever reason?

Why do you care? It isn't your driveway, it's up to the landlord to deal with unauthorized parking.

4) Who would get priority if all of us decide to park cars in the drive way and these apparent renters also want to park?

What does your tenancy agreement say about parking? If it doesn't include a parking space then presumably it's first come first served, a sort of automotive musical chairs. If you really object you could all fill up the spaces every day.

AdrianC

sunnyk wrote: »

I am a tenant in a shared house with 5 other people.

Are you and the others each renting a room with access to the shared spaces?

Or are the six of you jointly renting the entire property?

sulphate

AdrianC wrote: »

Are you and the others each renting a room with access to the shared spaces?

Or are the six of you jointly renting the entire property?

I think this is key here - are you renting rooms individually or do you pay as a whole for the entire property? If you are renting rooms, unfortunately I don't think there is much you can do.

If you pay for the entire property, then you may have a leg to stand on. You may not own the driveway, but it is yours to use whilst you and your housemates continue to pay rent there.

AdrianC

sulphate wrote: »

If you pay for the entire property, then you may have a leg to stand on. You may not own the driveway, but it is yours to use whilst you and your housemates continue to pay rent there.

Might not be quite so simple - it's possible (but would be unusual!) that the driveway's specifically excluded from even a full-house tenancy.

hazyjo

Check the parkatmyhouse site to see if he's letting it through that.

If you do have rights to use the driveway in your tenancy agreement (without the need to leave one space free for the LL/anyone renting the space, etc), then there's probably (haven't checked) something you can click on the website to say the info is wrong/the driveway is yours.

Jx

Heliflyguy

Lets say your on a joint tenancy agreement and as rightly stated the driveway is not excluded.

You, within your rights, ask the LL to stop renting the driveway out.

The LL may or may not pay any attention to your request in any case when it comes to renew the tenancy either it will not be renewed, possibly out of spite or if it is renewed the driveway will now be excluded.

Your between the devil and the deep blue sea, mostly due to the pitifully short AST's available in the UK, you have rights that basically in the long term mean nothing.
Grin and bear it I'm afraid.