Tenants rights... Cars in the backyard.
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  1. #1
    Moderator vivid's Avatar
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    Icon8 Tenants rights... Cars in the backyard.

    Hi guys.

    I am about to lock horns with the realestate agent regarding cars in the backyard, and thought I would ask anyone 'in the know' for some advice.

    Basically we have been here 10 months now, and since we have been here, there have been un-regged cars in the driveway... rolling or going. A few days ago I received a letter saying "The owner has received complaints about the state of your backyard" blah blah "In accordance with the lease no mechanical repairs can be taken out on the property." blah blah "Please tidy the back yard."
    So, that is what I have been doing, tidying, mowing, and putting covers on the cars, and moving a car into the garage etc.
    Today I got another letter "Once again I have to write to you to ask you to get rid of the car bodies around the property. Please remove the car bodies and restore the back yard to how it was before you moved in." (ie same as now, but no cars)

    So I guess the question is, can they do this?? I mean when I spoke with the realestate agent about mechanical repairs, and re-affirmed that the cars were not 'repaired' on the property, and a garage was always used. (*ahem*)

    As I understand it, it may be futile as our lease runs out in 2 months, so either way they may just want to kick us out, but can they actually use this as an excuse to evict?

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    Real cars have hydraulics DoubleChevron's Avatar
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    Quote Originally Posted by vivid
    Hi guys.

    I am about to lock horns with the realestate agent regarding cars in the backyard, and thought I would ask anyone 'in the know' for some advice.

    Basically we have been here 10 months now, and since we have been here, there have been un-regged cars in the driveway... rolling or going. A few days ago I received a letter saying "The owner has received complaints about the state of your backyard" blah blah "In accordance with the lease no mechanical repairs can be taken out on the property." blah blah "Please tidy the back yard."
    So, that is what I have been doing, tidying, mowing, and putting covers on the cars, and moving a car into the garage etc.
    Today I got another letter "Once again I have to write to you to ask you to get rid of the car bodies around the property. Please remove the car bodies and restore the back yard to how it was before you moved in." (ie same as now, but no cars)

    So I guess the question is, can they do this?? I mean when I spoke with the realestate agent about mechanical repairs, and re-affirmed that the cars were not 'repaired' on the property, and a garage was always used. (*ahem*)

    As I understand it, it may be futile as our lease runs out in 2 months, so either way they may just want to kick us out, but can they actually use this as an excuse to evict?

    David.
    Just ignore them, if you have covers on the cars... how do they even know if there registered or not ??

    To evict you they would need to take you to the tribunal .... months & months of work ... Just try to evict non-paying tennants and see how hard and long it takes

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    Sounds a touch prissy on the neighbours'/ agent's part. If the lease agreement doesn't state that you can't have cars on the property then i wouldn't worry. After all you are paying rent i presume and all you are doing is living your life there. Can't see how your cars diminish the quiet enjoiment of your neighbours (presumably you are not gunning the engines at all sorts of hours).
    Perhaps you should get a yepping poodle to divert attention from your cars.

  4. #4
    Moderator vivid's Avatar
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    hmm maybe they are planning on putting it on the market, and are worried in 2 months time the cars will still be there once we have moved.

    what bugs me I guess is that the owner lives just down the street, and although he/she doesnt do it now, used to on regular occasions knock on our door for various reasons. I am sure he has been sticking his head over the fence, but the real estate agent is claiming an anon neighbour. The back yard is visible from the houses across the street.

    We have always been ahead on rent, and no I do respect my neighbours in regards to starting motors on sundays or early/late.

    David.
    Last edited by vivid; 2nd August 2005 at 07:36 PM.
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    Budding Architect ???? pugrambo's Avatar
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    yes the landlord has the right to ask you to remove the said cars via the estate agent if the need arises

    i have done this in the past as a landlord and have had the same done to me as a tenant

    the best thing to do is put the cars somewhere else (ie storage) for a period of time and then in a couple of months time maybe bring one car back

    when renting you need to keep everything above board and show that you will go beyond to make peace with them and they will be happy
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    Seems to me you're in for trouble here David. They can easily refuse to renew your lease for any reason, having given you two warnings in writing about the state of the exterior of the property and your failure to comply you haven't a leg to stand on and while you could refuse to move and go to the tribunal they'd have no option but to evict you. As it stands you will probably receive a non-renewal of lease notification with instruction to provide the property unencumbered on day after end of lease and if/when you fail to comply by that day they would apply to tribunal and have you in court within a fortnight and order to move within one month.

    You're best option, approach the owner, ask him straight out what is his minimum requirement for you to be offered a new lease and meet his demands. Do it soon! Cut out the agent as much a possible. Possibly ask the landlord why is was ok before when he used to visit, has he been offended in anyway, state you satisfaction of current living arrangement, get it on a friendly basis, what's really happening, how can you help etc.

    Good luck

    ed ge

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    1000+ Posts Haakon's Avatar
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    Quote Originally Posted by edgedweller
    Seems to me you're in for trouble here David. They can easily refuse to renew your lease for any reason, having given you two warnings in writing about the state of the exterior of the property and your failure to comply you haven't a leg to stand on and while you could refuse to move and go to the tribunal they'd have no option but to evict you. As it stands you will probably receive a non-renewal of lease notification with instruction to provide the property unencumbered on day after end of lease and if/when you fail to comply by that day they would apply to tribunal and have you in court within a fortnight and order to move within one month.

    You're best option, approach the owner, ask him straight out what is his minimum requirement for you to be offered a new lease and meet his demands. Do it soon! Cut out the agent as much a possible. Possibly ask the landlord why is was ok before when he used to visit, has he been offended in anyway, state you satisfaction of current living arrangement, get it on a friendly basis, what's really happening, how can you help etc.

    Good luck

    ed ge
    Good advice . Catch more flies with honey as it were...

    Plus, you REALLY dont want your name on the little black book database estate agents keep about dodgy tenants.

    Now Im starting to get paranoid. Dead R21 in the driveway, retired R25 parked out front and very prissy Hawthorn neighbourhood
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    Budding Architect ???? pugrambo's Avatar
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    Quote Originally Posted by Haakon
    Good advice . Catch more flies with honey as it were...

    Plus, you REALLY dont want your name on the little black book database estate agents keep about dodgy tenants.

    Now Im starting to get paranoid. Dead R21 in the driveway, retired R25 parked out front and very prissy Hawthorn neighbourhood

    TICA ?

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    Quote Originally Posted by pugrambo
    TICA ?

    once your name is there it is there for a long time
    It's actually supposed to be removed once the issue has been rectified (ie if you were evicted for not paying rent, then once you've paid it the listing should be removed)

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    Moderator vivid's Avatar
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    Thanks for the advice and comments guys.

    I think I have worked out my plan of action.

    I am going to put a car in the currently carless garage in the back yard, and the rest in the driveway, under covers. I will park my daily driver in the street.

    I will take photos, and send a letter to the real estate agent, stating that cars I own are under covers in the driveway and not on grass or dropping any oil.

    At the same time as edge suggested will make contact with the owner, expressing my desire and willingness to sign a further lease, and come to an agreement.

    I have been looking at land in country Victoria with intentions of building a dry secure car shed and a dwelling to live in on every second weekend. More than likely not to happen for another 6 months, so storage is definitely on the cards anyway.

    For anyone still reading my life story, does anyone have or know of some cheap short term storage for a few cars if things go that way?

    Surely if the place is neat and tidy / cared for, this becomes more a case of my right to quiet enjoyment of my cars?

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    al
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    Good luck with that david. I'm waiting for someone to complain about the fuego as i have now moved it into the street - and hopefully next time my parents are in town they won't evict me...

    I would imagine that if your cars are in the driveway undercover you should be ok. It does seems there is a bit of a stigma about unregistered cars on lawns though... (bit trailer trash??)
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    1000+ Posts edgedweller's Avatar
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    Hey David,

    there seems to be fair amount of variety for what is what and how many.

    You say; cars in driveway

    He says; (2nd letter) car bodies and restore backyard.

    How many cars David?

    Sending the agent a photo will be like his birthday, physical evidence of your transgression, "how many cars in the photograph your honour"?

    Don't do that, the agent is least likely to care for your welfare, keep it private and personnal!

    David I believe you best estimate wether what your doing is within the style of the neighbourhood, eg does nobody else have stationary cars in their driveway? No, and you have how many 4,5,6.................?

    Just kidding. But is that how the owner sees it? Invite him over get him talking.

    Keep it simple.

    ed ge

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    Budding Architect ???? pugrambo's Avatar
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    if i were in that situation i would find temporary residence for the cars ASAP

    show them that they are right and all will be forgiven

    i wouldn't mess with them
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    I signed a 6 month lease on Friday and the 'no unregistered vehicles' part was read aloud to me by the agent. This was discomforting as the 505 is about to be taken off the road in search of 180kw, but she also stated that I can do whatever I want with it if it stays in the garage.
    I queried the point, wanting to 'cover my arse' as best as possible, and she said that it was a general rule of tenancy (I don't know if she meant it was company specific or industry wide though) that unrego'd cars are in the garage/carport or not there at all.
    The landlord also has to give you a minimum amount of notice before just turning up on your doorstep, and IIRC they must be accompanied by the real estate agent. You have every right to complain if they don't comply with this rule.
    If they are being difficult about the whole process, it might be worth mentioning that you tolerated the landlord's visits without debate as you were (presumably) trying to keep them happy in knowing that they were accomodating good tenants.
    Best of luck.
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    I agree with 5052tm, in that the landlord can't just drop by and knock on your door. Would you be allowed to knock on his? Perhaps if you had a personal relationship, but I would have thought it was as clearly explained as any other part of the lease that landlordy visits have to be arranged.

    Everyone seems to be assuming that you don't want to move, but all you have said is that the lease ends in 2 months, can they use this as an excuse to evict. There would be a difference between eviction and non-renewal.

    Do you want to stay? Looks like they don't want you to. Perhaps they have someone else lined up, or as you say sell it. Why else would they get rid of such a good tenant? And tenancy can be arranged to be carried across a sale, I have done it.

    Chris

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    Budding Architect ???? pugrambo's Avatar
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    Chris is right

    landlords are not supposed to rock up whenever they like

    i never rocked up unannounced as a landlord

    the landlord i have now though is a personal friend and we have a private lease and he also has no trouble with me having cars so long as they are mine and any wrecks are cleaned up and disposed of

    it also helps that he is the son of an ex pug dealer and loves renaults and who has owned a few pugs over the years

    you could say i am very lucky in that regard

    even so he hardly ever comes around anyway

    also one of my neighbours is in the local car club and has not long finished restoring an autin A40 ute as a daily driver and quite often wanders over if i am out the back working away in the shed

    our backyard is also very well concealed from neighbouring yards

    i do know though that agents in this town do not tolerate unreg'd cars in any condition in yards which also makes us extremely lucky we have a landlord like we do

    if push did come to shove though i do have a plan B to store a car or 2 of mine
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    Quote Originally Posted by Dijon16
    I agree with 5052tm, in that the landlord can't just drop by and knock on your door. Would you be allowed to knock on his? Perhaps if you had a personal relationship, but I would have thought it was as clearly explained as any other part of the lease that landlordy visits have to be arranged.
    If you haven't invited them onto the property, they must go through the proper channels. You are well within your rights to ask them to leave the property immediately, because they are trespassing.
    Last edited by PugS16; 3rd August 2005 at 11:38 AM.

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    XTC
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    The biggest problem about unregistered cars in a yard for landlords is tenants LEAVE them there. This means you may have a huge headache on your hands, with a registered car it has an easy to identify legal owner. I had a tenant leave all their crappy furniture once, it's not easy getting rid of large items like this, esp if they are not fit for sale.

    David you signed a contract, best if this can be solved a friendly way with said owner, cause the Agent has no choice but to enforce the rules, they don't want to put their licence in jeopardy.

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  19. #19
    Moderator vivid's Avatar
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    Quote Originally Posted by Dijon16
    Everyone seems to be assuming that you don't want to move, but all you have said is that the lease ends in 2 months, can they use this as an excuse to evict. There would be a difference between eviction and non-renewal.
    Yes we do want to renew the lease, but its looking pretty grim.
    We have been good tenants, paying rent ontime, and keeping the lawns mowed.
    I think I am going to try my luck making the place look immac, have ALL the cars covered and in the driveway, and approach the landlord. I would prefer to try to come to an arrangement with the cars there, as storing them would prove very costly, not to mention difficult.

    Whats the deal on club-regged cars, can they be parked on the street?

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    Real cars have hydraulics DoubleChevron's Avatar
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    Quote Originally Posted by vivid
    Yes we do want to renew the lease, but its looking pretty grim.
    We have been good tenants, paying rent ontime, and keeping the lawns mowed.
    I think I am going to try my luck making the place look immac, have ALL the cars covered and in the driveway, and approach the landlord. I would prefer to try to come to an arrangement with the cars there, as storing them would prove very costly, not to mention difficult.

    Whats the deal on club-regged cars, can they be parked on the street?

    David.
    Do NOT park a club registered car on the street. They are ONLY registered when on a club event. If you park it on the street it is unregistered, therefore will also be uninsured .... Your insurance company will not want to know you

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    1000+ Posts Haakon's Avatar
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    I reckon if you can come to an amicable agreement, it would be the best. Getting narky and flexing any "rights" you may have will only put them on the defensive. The agents and landlord will not want to go to all the bother of finding new tenents (costs money and having the place empty for a while not earning rent), especially if you have been reliable on the rent front and dont trash the place. I would get it all spick and span and offer them an inspection, to show good faith and let them see what wonderful tenants you are. Some good car covers (ie proper car covers, not just a sheet of plastic) and parked neatly off the grass should be enough for any reasonable landlord
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    Moderator vivid's Avatar
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    VERY useful advice, thankyou all!

    Will keep you posted.

    I am guessing they really cant do much about a club regged car parked in the driveway, sounds like there isnt much other choice.

    I imagined this sort of thing would be something many froggys are faced with.

    A bunch of us should buy or rent some land or warehouse space for the purpose of storing and restoring our cars.

    Haakon, sorry I didnt get any chance to call you yesterday, you very busy today?

    David.
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    Nah, not really. Plenty of things i "should" be doing, but you can give me a bell anytime

    But you have me paranoid about my place now - I live in a fairly upper crust suburb and I am now very keen to get the R21 stripped and gone from the driveway before someone complains (my neighbours dont even like me putting my bins on "their" nature strip )

    The R25 should be right on the street - its unregistered, but perfectly complete and running and has its plates still attached. Would have to inspect the sticker to know its not in use. That reminds me, have to buy a battery charger tonight and fire it up again - forgot to disconnect the battery over the last 4 months it has sat idle...
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    Quote Originally Posted by XTC
    The biggest problem about unregistered cars in a yard for landlords is tenants LEAVE them there. This means you may have a huge headache on your hands, with a registered car it has an easy to identify legal owner. I had a tenant leave all their crappy furniture once, it's not easy getting rid of large items like this, esp if they are not fit for sale.

    David you signed a contract, best if this can be solved a friendly way with said owner, cause the Agent has no choice but to enforce the rules, they don't want to put their licence in jeopardy.

    - xTc -
    On the Gold Coast unregistered cars left in flat and house car parks are just rolled out on the street by estate agents and landlords. The council takes them away after a notice on the screen and about a week in time. Costs me the rate payer not the landlord or agent.

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    Vivid

    You would need to carefully examine current legislation governing the use of a club registered car - the original definition included the words used in connection with an approved event. It is registered under a limited style of registration however if it was in the street for the purposes allowed, then it would be a game Council Officer that tried to prove otherwise.

    I see on TV that in another state a fellow loaded his junk onto "registered trailers" and as such this complied. Many ways to kill a cat, but as a tenant you need to keep the owner of the premises happy, I suggest you speak to him directly and ask what you can do to help the situation to his satisfaction and assure him that you won't be leaving anything on the premises when you leave.

    Agents, I wouldn't be having much to do with them as they only take their instructions from the owner. and can be overbearing anyway.

    Ken

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