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VIC Private Parking

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by shadowarrior, Sep 13, 2008.

  1. Hey guys, I need some advice...

    I live in a building, where the parking slots have been rented out by the agent to outside people. My rental agreement states no clause in relation to parking space, but in my Condition report, the agent had written, no car space.

    I usually park my bike between two parking slots, in my building's parking area. the bike does not block any car parked or moving through out the parking bay.

    Today, the agent put up a note on my bike, asking me to remove the bike, else he will tow it away. I don't think he knows that the bike belongs to me (and not some outsider).

    The kind of person he is, if I call him up he would either ask me to buy a parking slot from him or ask me to park the bike on the road outside.. :|

    Is there any law/norm, that I can park my bike between two parking slots or if i can fight for my parking slot, since my rental agreement says nothing about it ?

    If he does tow it away, can i complain against him that he did not notify me before towing/touching the bike (a note left loosely between the clutch cables can always be blown away by the wind ;) ) ??

    whew !! these rental agents are pain in the ass !!

    thanks a lot in advance :)
  2. Private parking, his rules, you live by them!

    Sorry. :(
  3. i do not think he can have it towed. But I am not a Legal type person. There are others who would have a better idea on here.

    I'd probably write a letter to the Body Corp, and see if you can't get permision to park on the common space. It sounds like(from your description) your parking in a common area. Otherwise you may have to either rent a park, or buy a Doberman to chain to your bike.
  4. If your rental agreement has no mention of a car space, and a condition report says there is no carspace, then you have no space for a car. To debate this on the grounds of a motorbike Vs car issue will not work, the inferrence of a space for a vehicle is the core principle. As stated by triway .... his rules ..... so ask a direct question and see what his answer is.

    As for the tow away issue well it's his property and a vehicle is on it that's not authorised to be there, removal is legal but i'd check with the police if it can only be done once the owner has been warned at least once.
  5. Just speak to the agent rather than get hal baked responses here
    Triway is the most correct but maybe you can come up with an agreement after speaking to the agent.
    We are not the property owners or the agent so our opinion is worth zilch.
  6. Try VCAT. That should scare him off.

    If you threaten him that you will take it to VCAT, that's going to cause him some time and effort.

    I'm sure that you could negotiate a better arrangement. Also, remind him that a bike is not a car.

    Or, how about finding a mediator. I'm sure a friend or some independent person might be the way to go - to speak with him.
  7. Approach the agent.

    Forget threatening VCAT unless you're ready to move, only gets the agents back up. Plus VCAT won't be interested unless you've made an approach to the agent first - they are for dispute resolution and at the moment you don't have a dispute. Perhaps after speaking to the agent you will - then VCAT is an option.

    If you rented with no parking, you may have to pay - but its open to negotiation.

    Bottom line, If the agent is any good he would rather find a parking space for a bike than lose a tenant. Thats your main advantage.
  8. So I can go and park up your driveway and you can't have my vehicle removed?
    Don't matter if he's a tenant, he's a tenant with no parking rights as specified on his rental agreement.
    What's stopping all of us from using this car park if our cars can't be removed?
  9. Triway, he could call the police and have them remove it.

    It is a legal quagmire(To quote one of my work mates boyfriend), and if it was to happen to go see him, as he would probably recommend taking them to court.

    he basically sent me this info

    He said that by having it towed it could be classed as "detained".

    Like i said in my PM talk to him/her, before you do anything. And if your not happy, then see the appropriate professionals in person, and not us here on the forums. Any advice they give has to be correct, and you have recourse on them if it is not.
  10. check the post again
    He hasn't spoken to the agent specifically for this, is the way I have read the post.
  11. Following on from this the guy will soon be looking for alternative accomodation if the landlord or his agent are vindictive pricks.

    As for the comment by someone else about "losing a good tenant", unfortunately Melbourne's rental market is such that good tenants are dime a dozen. If I were the OP I'd be doing whatever I could to keep on renting if it's a desirable location, close to work, etc..

    Unfortunately, whichever way he decides to move he's likely to run into strife, going by what he's said. Whether this means parking the bike elsewhere or having to pay to park it, or fighting it and then having to find elsewhere to rent when his lease expires and they evict him, or rather, IF they evict him or try to. I s'pose that's when you go to VCAT or whoever looks after residential tenancy spats these days.

    I remember a thread in here a year or so ago "renting v buying". This case is so much a "FOR" example for the buying argument, I reckon.

    To the OP, good luck with it and let us know how you get on. Maybe we can organise a "park in" on your behalf, with ISCN at the head of the pack...
  12. I know the OP said that his bike does not block any cars, but parking a bike between two spots can often be a pain in the arse for the cars.

    Is it possible to relocate the bike to a place where it poses absolutely no hindrance to anyone or anything? Ie. a place where no-one cares if your bike is parked there or not.

    Those are pretty much the guidelines for footpath parking. Don't get in peoples way.

    I guess this all depends on whether the agent put the note there because of pissed off tenants or he's just on a power trip.

    This whole thing can probably be amicably worked out. Ie. without the need for quoting tomes of legislation.
  13. the place i had been parking my bike for the last 1 month ish, it causes no trouble/problem to any other cars parked or any other tenants whatsoever. The day I found the note, there were some 3 more notes on 3 other diff cars, but none of them had the threat of "will have it towed" on their notes. They were cars, parking them were indeed blocking private parking slots which the agent has rented out.

    The agent hence has not reacted on a tip off from anyone, rather he is a power show off feg...

    Just to make u guys understand how the agent is like.... a couple of weeks back, we emailed this agent saying our stove needs to be fixed. He does not reply for 5days. I call his office, and learn that he is on a sick leave. I informed their office the purpose of my call, and they assured me it will be taken care of tomorrow, as the agent is coming back too. 3 more days pass, and no response from either the agent or his office. We call him back asking him politely shud we get it fixed ourselves and send him the bill...he threatens to evict us if we try to fix it by calling any mechanics ourselves. We call up his supervisor, tell him we have the conversation recorded on our cellphone about this agent's threat. This agent calls us back within 15mins, all sweet tone and says will fix the stove asap. (18 days has passed since and suppozedly he is yet to fix the stove within this week...)

    now if he does know that this bike belongs to me, he ll take his first shot on taking revenge on us for complaining against him to his supervisor and make me either pay for the parking or park it outside on the road.

    Hence i wanted to make sure if there is by any norm I can park the motorbike within the building premises i live in, without blocking any one's right of way or causing hindrance of any kind to anyone. If I could know anything about this, then I could try and negotiate with him. Else he will try to portray the image that am completely wrong on parking the bike there. I dont think he would agree to any negotiation, and I would have to park it outside on the street....making it completely unsafe.

    If our "negotiation" does get heated up, I would rather tell him that I will keep parking the bike on the same location...hence I asked if he by any means can get my bike towed.

    Even if I completely ignore this note planted between my clutch cables, I was wondering if he could have the bike towed himself or by calling in the cops or by getting a legal order to have it towed.

    The bike is :
    1. not abandoned
    2. doesnot block anyone's right of way
    3. Is not in any public's way or decreasing the value of any property.
    3. belongs to a current tenant of the property
    4. the agent has not given any official written warning/notice to move the bike from it's current location.

    Can the cops still have the bike towed or a legal order be issued against me?

    Yes some of you guys are right, the melb's rental market cares a shyt about good tenants .....they can get a dozen if one goes....
  14. Legally yes you can. Nothing stopping us, except that its kinda inconvienient to leave your car parked in other peoples driveways. :)

    My law teacher was telling the class about when lawyers get pissed off with other lawyers this sorta shit happens. They can be real spiteful c*nts. :D

    ISCN is totally correct.

    I personally think you should reasonably discuss parking of your motorcylce with your agent.

    Call him up arrange an appointment and go see him face to face an reasonably state your case, speak to your neighbours too, might find a friendly one that dosnt mind your bike next to their car.
    Ive found alot of people have either ridden or know someone that rides and will go out of their way to help you out with these sorts of things.
  15. hmmm...
    so can he atleast give me a notice of eviction without any proper reason?
    I think the only ways an owner can give notice to tenant to evict are:

    1. Tenant destroying the owner's property
    2. Owner wants to repair the property
    3. Owner wants to move in to the property himself
    4. Tenant is causing hindrance to other tenants.
    5. Tenant is not paying off rent.
    6. Tenant is doing something illegal within the premises.

    I dont meet any of the above criteria .... :|
  16. as stated earlier, none of my neighbors mind my bike being parked there...we are quite friendly to each other.
    Even the place I parked my bike in, the other two cars didn't have any problems with it, its just the prick agent !!

    How i wish I was in India now, feuds like these can be settled in the favor of "who has a better body built and more friends around that area" :p
  17. The above is correct.
    Bottom line, anything other than 120 day "No Specified Reason" notice needs some reason, which logically you can then argue about at VCAT. I've never heard of anybody who has argued about the 120 day no reason notice.

    Call Consumer Affairs Vic for relavant and specific advice, they are not too bad. The number should be in the "Tenants Handbook" you got at the beginning of the tenancy.

    What? Didn't get the handbook? Naughty agent!

    One thing to watch out for, if an agent is on his toes the VCAT hearing on a time-expired notice can happen very quickly. As a landlord, I can get an eviction warrant in the hands of the local police very quickly after notice expiration.

    I also agree that the rental market in Melbourne is crap for tenants, but that just makes it more important to not get a reputation as a bad tenant - it travels with you and can effect future application. Agents do check applicants and currently have the luxury of choosing the best. If you are reliant on the rental market bear that in mind.

    I still think you should approach the agent and discuss the issue, go over the pr&cks head to his boss if necessary. Try not to give him reason to give you anything other than a 120day no reason notice, if any notice at all.
  18. When you read about desperate people bidding for leases then you know it's a landlord's market. And rightly or wrongly they're exploiting it for all it's worth.

    I feel for the OP and others in his situation. And despite Krudd's plan to make housing more affordable I can't see it getting any better any time soon. We'll probably end up like in parts of Europe and parts of the US where it's accepted that you'll never, ever own your own place.
  19. " (a note left loosely between the clutch cables can always be blown away by the wind :wink: ) ?? "

    there goes the element of suprise that its now documented on the net haha.[/quote]
  20. I agree with 95% of whats written above.
    I would approach the Tenants Union and thier legal service. It is arguable that some of the conduct you have described breaches the Residential Tenancies Act, and this puts a whole new spin on things.