Tenant storing an unlicensed, uninsured car

[AlecF]

My property has a strip of private land just off the road where tenants can park their car, and is described as such in the agreement. My tenant does not drive, but an 18-year-old car appeared on that parking area which she claims is hers. However, enquiries have indicated that it is untaxed, uninsured, not working and not covered by an MOT or SORN. I have been unable to discover the last registered owner, but I doubt if it is her.

I sent her a message saying that I found the situation unacceptable, asking her to remove it. After nine months, nothing has happened and no reply was received. I worry whether there are any legal obligations on me (for instance, if it should be vandalised and cause damage to property or other vehicles).

There's a lesson to be learned here - if other landlords offer a similar facility, it could be worth including a clause in the agreement saying that any car parked there must be registered in their name, taxed and insured.

But is there anything further that I can do?

Thanks for your views, Alec.

 

[Richlist]

Alec, This going to sound harsh but, what has that car got to do with you ?

It's not yours, it's not on the public roads, it belongs to your tenant, it isn't causing any problems to anyone.

Your tenant is entitled to quiet enjoyment of the property without their landlord sending them instruction on how to live their life. You've rented out the property, if you are receiving rents and the tenant is looking after it, let them get on with things without your involvement. 

 

 

[Carryon Regardless]

My AST does restrict size of vehicles and that they must be road legal, of course that only applies within the boundary of the properties.

The risk with any belongings that will deteriorate is that the T naffs off leaving us with the disposal issue.

W/o a clause in the agreement I'm not sure what can be done. But any of us that experience anything that might be considered junk and dumped would take action. Not road legal (in this case)= junk.

If it really concerns you you might consider a S21, while you still can. 

If your T can't demonstrate ownership you might have it removed as abandoned. The posting of notices for god knows who might mean that's got risks though.

[Grampa]

A good tenancy agreement would have a clause about vehicles (including caravans) on the property and them having to be taxed and insured. Obviously you could then amend as you see fit or agree with the tenant by special arrangement if necessary.

The reason being some properties and locations are not suitable for having beaten up unroadworthy  crappy vehicles causing an eyesore and complaints from neighbour's etc. Also its not unheard of for mobile motor mechanics or over active car enthusiasts causing problems with noise etc so having a clause is a fall back if needed.   

[AlecF]

Thanks, Grampa - I agree absolutely, but we live and learn. In future this amendment will be incorporated, and I urge others to do the same.

My AST agreement is exactly as specified by Visum at the time, and our much earlier experience through a conventional agent was quite similar.

And, Carry On Regardless, I'm sure you are quite correct but I don't think I want to be too heavy handed. At least I have the ultimate recourse of deducting towing charges from the deposit, as there's a clear requirement that all personal belongings have to be removed.

[bil8999]

the car could be classed as abandoned, its the councils duty to make the owner aware that the vehicle could be removed.

[AlecF]

H'mmm... good point bil, thanks - I'll remember that in case it's necessary. But does it apply on private ground, I wonder - surely it can't be regarded as an obstruction in the strict sense.

[Melboy]

The vehicle has to be on a SORN according to the DVLA guidelines even if it is on private land. Have a chat with them.......... if you can find anyone in that is.

[bil8999]

Read up on your local authority website, 

[Richlist]

Or you could just do nothing, mind your own business & don't give your tenant an excuse for reporting you for harrassment. I'm sure you can find something far more important to do than running around looking for ways to disrupt your tenants quiet enjoyment.

If you think it's not SORN and you feel you want to be a good citizen report it to the authorities.

I'm puzzled as to which aspect of this matter concerns you.......is it relevant that it's an 18 year old car or that it's not working or that you can't discover who the last owner was. These aspects have nothing to do with you.

[bil8999]

11 hours ago, Richlist said:

Or you could just do nothing, mind your own business & don't give your tenant an excuse for reporting you for harrassment. I'm sure you can find something far more important to do than running around looking for ways to disrupt your tenants quiet enjoyment.

If you think it's not SORN and you feel you want to be a good citizen report it to the authorities.

I'm puzzled as to which aspect of this matter concerns you.......is it relevant that it's an 18 year old car or that it's not working or that you can't discover who the last owner was. These aspects have nothing to do with you.

If you dont jump on this it will just become a dumping ground for tenants scrap cars

[Richlist]

But that would apply to any parking area, anywhere in the country and is an over reaction. As I read the post, in this case, it's a parking area available to tenants for parking their cars...... the forum responses are OTT.

What comes next ? the tenant moves in extra furniture and the landlord gets worried he'll have to dispose of it when they vacate ?

It might be worth reminding forum members that a car parked on private land :

* doesn't need to be insured, taxed, mot'd or working.

* doesnt need  to be newer than 18 years old.

* the owner doesn't need to be able to drive.

* their landlord is not entitled to know the registered owner.

 

[Carryon Regardless]

I have T's with an older car on the driveway, so similar.

It isn't legal in any respect for road use. It will stand and deteriorate. Brakes will lock, they will use it to store 'things' just for a little while. I don't find that acceptable.

They have said their son is going to renovate the thing for himself. Then he can do that at his own property (he doesn't live with my T's). For him to do these works at my property is equally unacceptable.  'Some time' down the non road it will be a rusty lump not worth the effort of renovation.

There has been risk of my needing to hoof 'em anyway. In that scenario there is a likelihood of my being left with the disposal issue. I feel strongly that it is in my own interest to head off that situation.

OTT not a bit. They shift it or I will shift them.

There is already too much cr*p we are forced to accept with T's and the tenancies, and every time it isn't their fault for being less fortunate than I.

[Richlist]

You are entitled to your opinion, we just take opposite views on what is needed. As I've said many times, the most important thing a landlord will ever do is to pick their tenants very, very carefully.

You may find it unacceptable that an old car is parked on your the drive but they aren't breaking any rules.

I accept you need to be able to sleep at night and if it bothers you that much your only option is to issue an S21 with all the potential cost & time that it might involve or go busy yourself with something far more important. 

Landlording is about compromise. It's also sometimes about give and take......usually the landlord gives and the tenant takes.😉