Tarmac melted in 20 degree heat, rented property

LAEllis

Evening folks,

I was working on my motorcycles, i have three, two were parked out in front of our garage, i was in the garage working on the bike.

Today i think the temp topped out at 20 degrees, it was warm but not overly so, anyway the next door neighbour complained that the bike had sunk into the tarmac, i hadnt realised. Where exactly do we stand in terms of fault?

He holds the lease as far as im aware. I think you'd be hard pressed to find anyone that would expect or even take the preventative precautions in 20 degree heat. That particular bike is a 125, it weights nothing, my much bigger, heavier bike was right next to it and that didn't make a single mark.

I've said in future i'll use wooden boards etc, he went on to complain about our back (private) garden looking messy (this is enclosed and my girlfriend is a photographer and likes the wildlife for her photos)

me washing my bikes (complaining about grease and dirt, i make sure i clear the area, wash it down etc. I dont get the complaint because all my neighbours wash their cars)

the front garden not being cut properly (i cut it as per the LL's instructions)

and that i have a bike with no numberplate on it (commenting that i ride it with no numberplate, which i dont)

I havent spoken to my LL yet as it sunday but wanted opinions before i do.

Cheers.

phill99

Clarify. Is the neighbour your landlord!

kinger101

And where was the tarmac? Your driveway? Neighbours?

G_M

What is your concern?

1) damage to bike?
2) damage/liability to tarmac
3) neighbour's complaints about garden?
4) neighbour's complaints about washing bike on your drive?
5) neighbour's complaints about grass cutting?
6 neighbour's complaints about riding without reg plate?

I'm unclear about

He holds the lease as far as im aware.

What lease? Your tenancy agreement? He is your landlord?
Or is the flat/house where you live leasehold? What is his relationship to your landlord?

My guess:

1) claim on your insurance
2) write reporting damage to your landlord, but do not admit liability. Not your problem.
3) 4) 5) None of his business unless you are somehow impacting on his property (ie your dirt from washing bike runs off onto his garden/drive)
6) None of his business unlesshe reports to police and they investigate

LAEllis

Apologies he holds the freehold of the land on which terrances houses are set, he is not my landlord.

We all share a driveway area for access to the garages, I don't know the full details but as far as I understand it, pur 'LL owns the garage and has agreed access/use of driveway/tarmaced area.

No damage to bike, side stand apparently sunk into tarmac, my concern is him blaming me for it/trying to get money etc.

As for the impact issue you raised GM, this is where I'm hazy, I think it is his driveway technically, it's a large tarmac area from road to the shared garages. I think we have parking agreed which is technically what I did. I parked my bike.

I can't wash my bike in the garage, just not possible. I suppose I could wheel the bike down to the road and do it that way, he already complained about my Mrs car being parked outside the garage, she now parks on road.

G_M

OK - you need to understand you have no legal relationship with this guy. And he has no legal relationship with you.

If he has concerns, as freeholder of the land, he should address them to the leaseholder (the person who leases the property from him) - your landlord.

So I would refer him to your landlord in future.

Having said that, it makes sense not to give him ammunition.

You are certainly not responsible for the tarmac melting. I would simply ignore this issue (unless you wish to claim or sue him for damage to your bike resulting from his failure to install heat-resistant tarmac!). Or refer him to your landlord if he is persistant.

It might be worth checking exactly what rights the leaseholder (your LL) and therefore also you, have to the drive:

* is it simply 'access' ie to get to/from the garage?
* or more general 'use'? Or 'parking?

Your LL should know, as leaseholder.

If you are allowed to park there, I don't see how you can be stopped from washing the bike too, but again, the lease might have some restrictions written into it.

The garden, lawn etc are probobly none of his business. But again, there may be something in the lease you LL holds requiring it to be maintained in a certain way, certain frequency etc.

But the freeholder can only enforce this via the leaseholder. your landlord.

And your landlord can only enforce it on you if he inclded the same terms in your tenancy agreement. Did he? Does your tenancy agreement say anything about weekly lawn mowing or whatever?

kinger101

Sidestands can sink into tarmac, particularly if it was laid fairly recently. You can get pucks to place underneath to distribute the weight some more. Or just use the lid of a jam jar.

It doesn't sound as if the sidestand could have done much damage, so just ignore the miserable old begger (once you've clarified your access rights). Small repairs to tarmac are fairly cheap and easy anyway.

G_M

kinger101 wrote: »

Sidestands can sink into tarmac, particularly if it was laid fairly recently. You can get pucks to place underneath to distribute the weight some more. Or just use the lid of a jam jar.

It doesn't sound as if the sidestand could have done much damage, so just ignore the miserable old begger. Small repairs to tarmac are fairly cheap and easy anyway.

Whenever I see a motorcyclist from now on, I shall have a picture in my head of them with a jar of jam in their leathers .....