• Tenants parking on private land

I am a leaseholder and my tenants are parking on private land which is located below their flat. As I am known to the Freeholder and know that I have no parking spaces I have communicated this to my tenant but they still continue to park their car there.
The freeholder has now sent me a letter saying that I am responsible for the actions of my tenants and they can recover costs from me regarding this parking issue. Is this true? I would have thought that this would be a civil matter between my tenant and the Freeholder and not me? They have issue no parking signs or parking posts in the area. Can you let me know if I must do something in this matter?
Asked 6 years ago in Property Law
Religion: Other

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14 Answers

You cannot be held responsible for your tenants' wrong doings or mischiefs.

If you have been served notice, you may give a reply denying the allegations and can reiterate that they can very well initiate any legal action against those who have offended them and not to disturb you in this regard, failing which you will initiate suitable action against them as per law.

You never permitted your tenant to park their vehicle, if they did not find place for parking elsewhere then your will be liable for any such further action.

T Kalaiselvan
Advocate, Vellore
85103 Answers
2213 Consultations

5.0 on 5.0

You are not responsible for the act committed by the tenant.The dispute is between the persons who are occupying the flats.Therefore you need not to worry. Just send a intimation letter/mail to the car parking slot owner that you are not responsible for the wrong doing committed by the tenant and inform him that if he take any action regarding the parking slot issue against the tenant it will not constrain you in any manner. At the same time issue a notice(by register post) or email to the tenant that the tenancy agreement doesnot cover the parking slot and the residential flat alone has been leased out to him.Further, inform him that if the parking slot owner is take any action reg the paking slot issue then he has to face the same on his own.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

Sir you on lease have only rented the premises to tenant under your lease there is no agreement related to parking. So outside the premises if tenant do anything wrong you cannot be held responsible for that it is his invidual wrong and there can be only remedy against him in law not against you.

Further state clearly in reply to notice that you have not authorized or given any right illegal to tenant on any other persons premises and you do not concern yourself with act of tenant in this scenario the owner of freehold is free to file suit against the tenant and recover damages or get restriction order against him since you have not committed any wrong or not given any such right to tenant you are not liable for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) you are not responsible for actions of your tenants

2) if they are parking their cars on his legal land the owner has to take legal proceedings against the tenants

3) you should issue notice to your tenants not to park their vehicles on private land

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

1. If the owner of the land has imposed a restriction on parking on the lessee then the same also applies equally on the lessee's tenant.

2. The lessee or his assignee or the tenant of the lessee would be bound by the covenants to be observed and performed on the part of the lessee contained in the lease deed.

3. I suggest you write a letter to your tenant again informing about the restriction on parking his vehicle on the private land of the owner and have this letter marked as CC to the owner as well.

4. You will have to warn your tenant in the above letter that if he breaches this stipulation then you will be entitled to claim damages and compensation from him should the owner lessor take any legal action against you.

Yusuf Rampurawala
Advocate, Mumbai
7536 Answers
79 Consultations

5.0 on 5.0

Dear Sir

You are a stranger to the allegations. No cause of action arise against you as nothing mentioned in the rent agreement. Let him take actions against tenants. Be at ease.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Firstly, sir, no need to worry about anything as you are right what have you said in your own query.

Secondly, please give reply to that notice in a legal way so that the freeholder would also get an idea about your awareness in law.

Thirdly, they can’t do anything against you as when you rent a property then the whole obligations towards any mischief or wrong is on the tenant not in you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1) Yes, you will be held responsible for every action of tenant regarding property issue. Now this is parking issue which is land and whose tenant are they. Because tenant does not own the property nor any property papers on his name.

2) So, if you had warned tenant not to park car in freehold area, than its tenant responsibility to pay fine. So what ever fine they charge you the same will be bearable by your tenant, please inform this to your tenant.

As per tort act you will be held responsible.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

1. Your Tenants have a privily of Contract with you and not with the Land-Lord. Hence you are legally responsible for any and all adverse activities of your Tenants.

2. Check your own Tenancy agreement with the Land-Lord and see if there are any clauses favoring Parking spaces to your Flat /Unit. Tenants can park in parking spaces allotted to your Flat /unit.

3. Issue Legal Notice to your Tenants to refrain from Parking /encroaching on the Land-Lords parking spaces. .OR. re-negotiate with the Land-Lord, on monetary considerations, for new /extra parking spaces for the Tenants.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can do the following:

1. You must issue a legal notice to these tenants;

2. Send the copy of the same to the freeholder indicating that you have taken steps from your side;

3. If the tenants fail to vacate the parking, file a complaint before the office of the Registrar;

4. You can also file a complaint in the police station stating that the tenants are creating nuisance.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Putting property on rent, do not absolves from your liability attach to house.

Freeholder can directly approach to u for any damage committed by tenant, u can`t excuse, U can recover from your tenant, that later thing. but first liability is yours.

Issue notice to tenant, stop using area and pay damages claimed by freeholder, otherwise eviction for creating disturbance and damage to others property.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. You are the lease holder of flats and have given your said flats on rents to your tenants after executing tenancy agreements.

2. In the said tenancy agreements, no where you have mentioned that they can park their cars at the said space owned by the said person.

3. If your tenants do anything wrong with others, be that criminal or civil, no liability can be attributed on you for their said acts which are beyond the clauses mentioned in the said tenancy agreements clearly stating the terms and conditions of the said tenancy agreements.

4. Hence, you are in now way responsible for the actions of your tenants which are beyond the periphery of the tenancy agreements executed by and between your tenants. On the contrary it is beyond your jurisdiction to advise/direct your tenants in connection with their activities with other persons which are not part of your said tenancy agreements.

5. Inform the said person accordingly informing that you are in no way connected to the acts and activities of your tenants with other persons and the said person is free to take appropriate action against your tenants if he deems fit.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

Dear Client,

As per tort law, no liability can be imposed on you for the said acts of the tenant, but if you have put that in the lease/rent deed that the tenant can use the parking, then the entire liability shall fall on you. If not, you may reply to the said letter stating that you had not asked the trnant to park there and it was not mentioned in the agreement.

You may also serve a notice to the tenant to cease and desist from doing the said acts and also stating the consequences he'd have to face, in case of further violations.

You can send a copy of the same to the freeholder as well.

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

He cannot park at the freeholder's land. You can send the tenant a notice about the same and stop the said illegal practice. If he doesn't stop then legal action can be taken. However you cannot recover parking from the tenant for the said parking space.

Prashant Nayak
Advocate, Mumbai
32050 Answers
183 Consultations

4.1 on 5.0

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