Neighbour complaining about tenants parking?

by Readers Question

10:06 AM, 21st July 2016
About 2 years ago

Neighbour complaining about tenants parking?

Make Text Bigger
Neighbour complaining about tenants parking?

I have just been contacted by the neighbour of one of my tenants to say that everyone is unhappy with the tenants parking. The property has a driveway that holds two cars nose to tail and one by the side.transit van

The issue is the tenant parks a large old mobile home/ camper, a rusty old transit van and a family car, all of which together is a bit unsightly. On occasion he also parks a cherry picker down the lane in the lay-by. The neighbours have approached the tenant in the past however understandably it is his driveway to park his vehicles on as he likes.

The neighbour has asked that I contact the tenant to pass on their concerns. I was just looking for some advice on whether this is in any way an issue I should be addressing with the tenant or just one for the neighbours to resolve themselves as I don’t really want to be seen as harassing my tenants who have been in situ for over three years.

Hope you can help.

Dan



Comments

Neil Patterson

10:09 AM, 21st July 2016
About 2 years ago

Hi Dan,

Some residential areas have covenants about the type of vehicles you can park, especially commercial ones.

You could check into this before you say anything.

Steve Bower

12:12 PM, 21st July 2016
About 2 years ago

Its my guess that the tenant pays you more rent than the neighbour does, so you know where your interests lie! However, if the tenant is disruptive, or that the neighbour is likely to hassle them, you may have to act as mediator. Ultimately they are paying for the quiet enjoyment of the property, so can do what they (reasonably) like. Maybe the camper could have a cover to hide it? The cherry-picker IS probably illegally parked - check with the council on that one.

Steve From Leicester

12:27 PM, 21st July 2016
About 2 years ago

If there's a restrictive covenant in place then the tenant needs to be made aware.

If there's no restrictive covenant and its just a case that the neighbour doesn't like it then do not under any circumstances get involved. You'll end up being piggy in the middle between squabbling neighbours.

I had a not dissimilar issue a long time ago and tried with the best of intentions to resolve matters but ended up getting all sorts of petty complaints back and forth.

Kelly Joanna

12:31 PM, 21st July 2016
About 2 years ago

As long as the vehicles are legally roadworthy, and there are no restrictive covenants as previously mentioned in the thread, then there is nothing that can be done. Tell the complainant you will undertake checks with the tenant, but if they are in fact, legal vehicles then the neighbors will have to suck it up.

John Pettman

13:25 PM, 21st July 2016
About 2 years ago

You say and make mention of "The Driveway". one might assume that this is a private driveway and NOT part of the public highway. The first question is . Do other properties have any rights of access etc over that driveway ????? The next question is what if anything is contained in your title regarding this matter. If this is a Leasehold property then you are more likely to have restrictions than if this is a freehold title . If the property is one an estate and built within say the last 30 years it would be quite common for an estate covenant (which can be enforced by neighbours) restricting its use. Usually prohibiting caravans and commercial vehicles so you must look at all of your title. The next question is if there are any restrictive covenants did you incorporate them in your tenancy agreement. Unfortunately very few Landlords make any attempt to incorporate covenants applicable to their property into their tenancy agreement .Thus their tenant has not breached any of their obligations but the owner of the property has. Try and explain the need particularly in Leasehold titles of incorporating restrictions and obligations contained in their title into the A,S.T usually falls on deaf ears.

John Pettman LL.B. (Hons)

Daniel Sanger

15:38 PM, 21st July 2016
About 2 years ago

Hi all. Thanks for your responses. There are no covenants over the area and as far as I'm aware all vehicles are legal. I think it is more a case of them looking imposing and unsightly. I am loathed to get involved as I wouldn't like to be told what vehicles are acceptable for my driveway. I may just contact the neighbour and say that they are not in contravention of their tenancy agreement and therefore I cannot act upon the complaint.

S.E. Landlord

22:18 PM, 21st July 2016
About 2 years ago

Would you like the vehicles on the drive next door to where you live? If the answer is no that you should talk to the tenant.

It is likely that at least some of the neighbours will continue to live next door to your property than the tenant will live there, there is much to be said for considering the impact your tenant's lifestyle has on them.

Daniel Sanger

22:32 PM, 21st July 2016
About 2 years ago

Reply to the comment left by "S.E. Landlord" at "21/07/2016 - 22:18":

Hi S.E. Landlord. My worry is that it is not my place to tell someone what they can and can't park on their driveway. I may own the property but it is their home.

Ian Cognito

23:46 PM, 21st July 2016
About 2 years ago

Strictly speaking, unless there is a local by-law that you failed to make the tenant aware of, you, as the landlord, are not bound to act. However, as S.E. Landlord says, would you want to be your tenant's neighbour?

If this was my tenant, I'd be wondering the likelihood of them sorting things out with a quiet word and a prod from me. If the problem was one old car that just needed to be sold and, maybe, some slightly more sympathetic parking of other vehicles, then I'd try to resolve things.

If, however, improvement was only possible with a drastic lifestyle change, then I'd probably use a stiff rent review to move them on.

Rob Crawford

9:44 AM, 23rd July 2016
About 2 years ago

Looks to me that this is a single neighbour complaining to you. I would respond to that neighbour by letting him/her know that there is no legal reason to confront the tenant but you will mention the neighbours concerns. Its not for you to enforce. I would not do anything else.

1 2

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Shelter’s Head of Research misled public on TV

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More