What can I do under property law if I have 2 carparks on my lease and the business next door's clients keep taking my space?
QLD Carparks on Lease Used by Neighbour's Clients - What to Do?
- Thread starter Christopher Jason Schisas
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- lease property law
Possibly not much. This is a common bugbear for tenants. Although not 100% clear, im going to assume you have been granted the right for two particular car parks and the landlord has the right to do so (i.e. they’re either in title or been granted by exclusive use).
The first step is to have adequate signage to show that those are your reserved parks. This doesn’t stop people parking in them, but may dissuade some people from doing so. You’ll need to get landlord approval to do so, and possibly the body corporate’s as well. It doesn’t work on everyone - which I know from experience. I used to work above a child care centre. Parents were always parking in our reserved spots despite other car parks being open, and then making up all sorts of excuses when challenged.
Have a talk to the other business if you can identify whose customers are using your spaces. Explain that you’re paying rent for these spaces and being denied the use. You can also raise it with the landlord. Both parties’ reactions will largely depend on how sympathetic they are. I doubt you will have a mechanism in your lease to decrease rent.
The only other options are to make the spaces too hard to use/calling out the people. Doing this is up to you, as the range of reactions you can get may be aggressive: Make sure you or someone you allow take up the spaces before anyone else can get them. Leave notes on windscreens. Park people in while leaving a note on how to find you to get out. Be prepared for reactions from honest mistake through wilful ignorance to spitting attack (and, unfortunately, the possibility of physical violence). People hate being told they can’t do something, and generally hate even more being caught doing it.
Unless you can get the whole centre to agree, and are very careful about the way it is done, there’s very little chance of being able to have the offending vehicles removed. I wouldn’t bother going down that path unless it’s a very common problem to all tenants, and the stars are aligned.
The first step is to have adequate signage to show that those are your reserved parks. This doesn’t stop people parking in them, but may dissuade some people from doing so. You’ll need to get landlord approval to do so, and possibly the body corporate’s as well. It doesn’t work on everyone - which I know from experience. I used to work above a child care centre. Parents were always parking in our reserved spots despite other car parks being open, and then making up all sorts of excuses when challenged.
Have a talk to the other business if you can identify whose customers are using your spaces. Explain that you’re paying rent for these spaces and being denied the use. You can also raise it with the landlord. Both parties’ reactions will largely depend on how sympathetic they are. I doubt you will have a mechanism in your lease to decrease rent.
The only other options are to make the spaces too hard to use/calling out the people. Doing this is up to you, as the range of reactions you can get may be aggressive: Make sure you or someone you allow take up the spaces before anyone else can get them. Leave notes on windscreens. Park people in while leaving a note on how to find you to get out. Be prepared for reactions from honest mistake through wilful ignorance to spitting attack (and, unfortunately, the possibility of physical violence). People hate being told they can’t do something, and generally hate even more being caught doing it.
Unless you can get the whole centre to agree, and are very careful about the way it is done, there’s very little chance of being able to have the offending vehicles removed. I wouldn’t bother going down that path unless it’s a very common problem to all tenants, and the stars are aligned.
Just be aware that it may be a breach of your lease to "store" things (including vehicles) in the car parks. Where the difference between that and legitimate parking lays can be a source of contest if your landlord wants to be argumentative.
I would not take that post seriously.
If you're regularly moving the motorcycle, they have no case.
Clancy, that's not a sensible thing to say.
If you are putting "old non functioning motor scooters or motor bikes" in the car spaces, it will be pretty obvious what they are. If you have a clause in your lease which prohibits you from doing that sort thing, then your landlord may take issue with it.
Not will, but may. And it may not ultimately make a huge difference. However, if you're wanting to get the landlord onside for any potential argument against other tenants/landlords about rights to a car parking space and infringements on those right - then the last thing you should be doing is annoying your landlord.
I was simply raise the issue as something that the original poster may wish to take into account when making his decision on how he wants to proceed.
If you are putting "old non functioning motor scooters or motor bikes" in the car spaces, it will be pretty obvious what they are. If you have a clause in your lease which prohibits you from doing that sort thing, then your landlord may take issue with it.
Not will, but may. And it may not ultimately make a huge difference. However, if you're wanting to get the landlord onside for any potential argument against other tenants/landlords about rights to a car parking space and infringements on those right - then the last thing you should be doing is annoying your landlord.
I was simply raise the issue as something that the original poster may wish to take into account when making his decision on how he wants to proceed.
Put up paid parking signs!
Or is clamping legal in QLD? If it is, I'm not suggesting you charge for removing the clamp, but cause inconvenience as they have to come to you, wait till you are free, wait while you look for the key, finally amble out to car park, take photo of licence plate, point to sign (saying something like : 'By parking here you consent to your car being clamped for up to 24 hours. All cars are unclamped at 10AM weekdays and if not removed from the lot by 11 AM they will be clamped again until 10 AM the following day", remove clamp, say see you next time after 10 am.. Don't forget the hard to remove courtesy sticker on driver's window saying the car has been clamped as per the sign.
Be prepared to lose a clamp or three to determined people carrying battery operated angle grinders.
Or is clamping legal in QLD? If it is, I'm not suggesting you charge for removing the clamp, but cause inconvenience as they have to come to you, wait till you are free, wait while you look for the key, finally amble out to car park, take photo of licence plate, point to sign (saying something like : 'By parking here you consent to your car being clamped for up to 24 hours. All cars are unclamped at 10AM weekdays and if not removed from the lot by 11 AM they will be clamped again until 10 AM the following day", remove clamp, say see you next time after 10 am.. Don't forget the hard to remove courtesy sticker on driver's window saying the car has been clamped as per the sign.
Be prepared to lose a clamp or three to determined people carrying battery operated angle grinders.
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Are you actually being serious or pulling my leg? Landlord on side or not on side is irrelevant. This is about people taking car parking spaces that don't belong to them and they will take those spaces come hell or high water and the landlord cannot prevent it even if he wanted too. The only solution is to have a physical barrier to prevent the car going in the car space.
I'm serious. While the landlord may not be able to prevent it, the last thing a tenant should want is a fight with these people AND the landlord because they've technically breached the lease.
I'm not saying (and did not say) it will end in a fight - just to be careful to consider the lease and the situation before taking any course of action.
I'm not saying (and did not say) it will end in a fight - just to be careful to consider the lease and the situation before taking any course of action.
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