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Tenant using wrong storage cage and car park

Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24960
Printed Date: 22/April/2019 at 00:13


Topic: Tenant using wrong storage cage and car park
Posted By: smartdud3
Subject: Tenant using wrong storage cage and car park
Date Posted: 29/January/2018 at 20:29
Hi,

I purchased an apartment with a storage cage and car park due to the confusing numbering between unit numbers and lot numbers another tenant is using my car park and cage. They have been using it for 3 months now. I have left several letters requesting the tenant to vacate, I have spoken with the real estate agent (of the tenant) and the owner is the developer of the apartment and is adamant that the strata plan is incorrect. I have been in contact with my strata manager and confirmed that the strata plan is registered and correct, my purchase is based on the strata plan. Strata have issued a letter of demand and the tenant still haven't vacated. Strata have said this is all they can do.

How do I proceed? I am not sure what my legal rights are in this situation, am I able to cut the padlock on the cage and empty the contents? I just want to ensure that the correct approach is taken. The main reason I am concerned by this is because the cage and car park I purchased are 7m larger than those I am being told to use. I expect that insurance wouldn't pay out any claims that I make if it's not stored on my property.

Thank you in advance



Replies:
Posted By: citizen-joe
Date Posted: 29/January/2018 at 21:57
A solicitors letter to the owner of the other lot and the errant tenant is probably the next step.


Posted By: AMK Law
Date Posted: 30/January/2018 at 11:47
Dear smartdud3,

It is unfortunate that you have purchased an apartment in which another tenant occupies your space. Depending on the state (jurisdiction), we can appropriately advise you on the matter. For example, you said that the Strata Manager have issued a letter to the tenant and this suggests that the tenant presumably has knowledge that they are occupying your space.

There are number of avenues that can be taken, for example, the storage case appears slightly less onerous compared to the car park. However, this is all dependent on how the apartment building has been structured.

Another issue is the strata plan as you have noted and the argument made by the owner. We can verify this information by reading and interpreting the title search on your property.

Depending on your state (jurisdiction), we can appropriately advise you on the matter through closer inspection on all the documents and photos taken.

Please feel free to contact us via email at admin@amklaw.com.au or visit our website at www.amklaw.com.au

Disclaimer: This information is of a general nature only and it is not, nor is intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional legal advice. You can contact AMK Law directly by telephone on (03) 9098 8630 or by email admin@amklaw.com.au.


Posted By: michaelbirch
Date Posted: 03/July/2018 at 16:47
Discuss with property lawyer and send him a warning letter as per situation.



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