VIC Allocated Parking Issue

[Taleena]

Hello

I was wondering how I go about making a complaint against my body corporate which have failed to step in and resolve an issue I’m having with a apartment I’m renting. I have a allocated parking space that comes with my lease and I’ve had continuous issues with the person parking in the same space beside parking half way in my parking spot that I can’t park my car on site.

I’ve left written notes and spoke to the owner and I’ve been met with abuse. When I mentioned these facts, my body corporate told me there was nothing they could do.

I feel like I’m helpless with this matter and I’ve been forced to park out on the street which could effect any possible insurance claims if something were to happen to my vehicle. Not to mention I was leased my apartment under the contract of having an allocated space.

My body corporate is Gough Partners.

Could you please offer me some advice as I’m 3 months into a 12 month lease which I can’t get out.

 

[Rod]

You have a few choices:

1. Go to the agent/ landlord saying they are not providing you with quiet enjoyment of the property they are leasing and unless the problem is fixed then you'll consider the landlord to be in breach of the contract. Not exactly their issue, but may get a result if they don't know their own rights. Do not act on this though as you will be breaching the lease agreement. Alternative here is to just ask for their assistance. Sometimes someone with a more 'aggressive approach' can get a result.

2. Commence action against the car owner for trespass. I'd start with taking one photo and sending it with a demand letter to the other owner saying 'bugger off my property' or we'll take you to court and seek costs against them. Then if it continues, take a photo each time the trespass occurs and do it for say a two week period, then commence action against the car driver/owner.

3. Place a sign up giving you contractual rights to tow away any car on your property. Then when they trespass, take a photo and call a towing company.

4. Place an extremely heavy metal object not moveable by a person in your parking space in such a way they can't move their car. Maybe park your car behind their car one day. Maybe buy a cheap car that works ($300), place it behind their car and go away for the weekend in your own car.

5. Wait till they leave then park half in their place and half in yours. Leave it there for a week while you find alternative transport.