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View Full Version : Landlord leaving a car on property



cocolee
16-10-2009, 20:41 PM
Hi, this hopefully is an easy answer question... My family has just started renting out a property, but the tenants seem to becoming quite awkward. There were two couches in the property, one in the living room and another in the conservatory, they came from Denmark with a van and said that they were bringing a couch with them (university students). When they arrived they wanted to dispose of one of the couches, and install their one, as they would be reduced on space, so we agreed. It is a 2 bedroom house, with an unmarried couple living there, they have 1 car between them...

...now, here is the dilemma, when they signed the property agreement, there was a car of mine parked to the rear of the property

______________________________
...............................................| BACK ALLEYWAY ACCESS
___________..............._________|
.................|..............|
.................|..............|
.................|..............|
.................|____ XXXX| XXX = CAR
.................|___| | | | <= STEPS

ignore all the .......'s

Hopefully you can get an idea of the picture here, there is space to park 3 cars side by side here all facing southwards, so 4 cars can be parked no problem. Here is the dilemma, the tenants want my car removed so their father can bring over a motorhome/dorma motorised caravan type thing, and store it there, but due to the positioning of my car, makes it difficult for them as access is to the west. Unfortunately my car is on blocks, as its an ex rallycar is is being stored for parts, with a tarpaulin over it, they saw the car parked there before they signed the agreement. They are able to park their car and motorhome there no problems, and there is residents parking out the front of the house. We are also thinking of building a garage there as well, or a carport, so they wont be able to park the motorhome there anyway, are we able to do this during their rental period? Here is the dilemma, are they within their rights to request the car to be removed?

Many Thanks


EDIT: just found out that the parents want to drive over in the motorhome, live in it, and then drive it back to Denmark afterwards... so im guessing they would be staying there for a short time.

Lawcruncher
16-10-2009, 20:59 PM
The fact you left the car there and they saw it is really not enough. You ought to have reserved the right to keep it there. You have - presumably - let the whole property and the tenant is entitled to use it all.

Going onto the land to carry out building works is the same - you ought to have reserved the right.

cocolee
16-10-2009, 22:18 PM
that is fair enough, but, say for example, i had a shed where the car was, they wouldnt be able to ask for the removal of it would they? Just because it is a car shell, doesnt really classify it as a car, it has no engine, no wheels etc, all it is, is just a storage unit... perhaps?

theartfullodger
17-10-2009, 08:43 AM
that is fair enough, but, say for example, i had a shed where the car was, they wouldnt be able to ask for the removal of it would they? Just because it is a car shell, doesnt really classify it as a car, it has no engine, no wheels etc, all it is, is just a storage unit... perhaps?

You have (presumably) rented the whole property, unless there is an exclusion clause (eg "Not included: The garden shed").

So, all the property is the tenants now: It is no longer your property, it is now an investment of yours until you recover possession through lawful means.

If you've left stuff there (a cuddly toy or a spare engine or a car or a statue of the late Queen Mother) that you "thought" was yours you've been pretty d****ed rash (politer word than I was thinking...).

Suggest you ask the tenants very nicely & politely if you can do whatever it is you want to do: If they say no you now have a problem.

Surely this was covered on the training course for Landlords you went on??

Cheers!

Lodger

Lawcruncher
17-10-2009, 11:24 AM
that is fair enough, but, say for example, i had a shed where the car was, they wouldnt be able to ask for the removal of it would they? Just because it is a car shell, doesnt really classify it as a car, it has no engine, no wheels etc, all it is, is just a storage unit... perhaps?

It comes down to what is part of the land. Anything fixed to the land becomes part of the land, although one needs to look at the degree and purpose of annexation. A shed is almost always going to be part of the land, whereas a car on blocks almost never.