Stolen Car Left in One of Our Parking Spots. Is It Worth Pursuing Compensation from Real Estate Agent

LTheGhost on 20/12/2017 - 07:33
Last edited 20/12/2017 - 09:31 by 1 other user

When we first moved into this apartment 2 years ago, there were a car left there in one of two parking spots allocated to us. I contacted the real estate and they asked us to use one of other parking spots of unoccupied properties. I didn't bother with it too much as we only had one car.

We renewed our lease six months ago and have been trying to get real estate to get rid off this car Since then because its PIA. They sent police to have a look at the car and the police said it has been reported stolen.

The real estate then said they have to advertise the removal for 4-6 weeks before it can be removed. Its been 8 weeks since and and contacted them again. The keep saying they are trying and contacted body corporate and owner. They have said it few times before as well.

I am fed up with all this and I asked them for compensation couple of days ago. They said I have to apply through NCAT.

Just wondering if its worth pursuing through NCAT.

Home & Garden

closed Comments

  • ATD on 20/12/2017 - 07:51
    +9

    Take the matter to whatever gov't body that deals with residential tenancies disputes in your State/Territory and request a rent reduction (presuming lease makes references to 2 car spaces). Don't say you wouldn't have used the space. Bet it will be sorted out then for you. The tricky bit is valuing the car spot - go high, always available for it to be reduced but not increased.

    • TheGhost on 20/12/2017 - 08:17

      I am planning to do that but wasn't sure if it'll be worth the time/hassle. But now I think I should do it ASAP.

      • Slippery Fish on 20/12/2017 - 09:41
        +2

        Treat it like a commercial lease, tell them you believe 20% of the value of your leased property to be unusable ND if not rectified you will be reducing that much from the rent from this moment forward as they have had over a year to fix this and have made no such attempt.

        Then tell them you will also apply to VCAT to settle the dispute about the last 1.5years and if they should be paying you some money back.

        If nothing else that'll make em act.

        • abb on 21/12/2017 - 09:42
          +4

          if not rectified you will be reducing that much from the rent from this moment forward

          I don't think that's a good idea. Get agreement of a fair compensation from the agent, or force the issue through the tribunal.

        • Slippery Fish on 21/12/2017 - 10:01
          -3

          @abb: it works, they usually jump into action when their money is on the line.

        • abb on 21/12/2017 - 14:01
          +2

          @Slippery Fish:

          You should never stop paying the rent for any reason, including when a landlord is not doing repairs. Withholding rent will put you in breach of your agreement and will not help to resolve the repairs problem. Withholding rent places you at risk of having your tenancy terminated.

          http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Re…

          Maybe it's different in other states?

        • Slippery Fish on 21/12/2017 - 14:47

          @abb: I can't say it's ever got to that stage? Usualy fixed up right away.

    • danielh on 21/12/2017 - 14:55
      +2

      I had a similar issue many years back. The car was parked in my cark park over the XMas break and it was about three days from Xmas when I got fed up and reported the car as stolen and the Police came and checked it out. It was of course not stolen but the owners were contacted and the car disappeared a day later.

      Sorry you are experiencing a much worse situation but I would not have held on for as long as you have. A car park in the city is just too precious to me.

  • o53djz7qTPY4der on 20/12/2017 - 07:56
    +5

    You're paying for this spot. I'd have reported it to tenancy agency a long time ago, $20 pw seems a fair reduction, plus it should be backdated.

    • TheGhost on 20/12/2017 - 08:18
      +1

      Thanks for the suggestion mate. Will contact NCAT.

  • TheBilly on 20/12/2017 - 07:56
    +8

    Break in to the car at night, push it out of your spot and into the street.

    • TheGhost on 20/12/2017 - 08:20

      Thought about it. Its a Camry and may be 10-12 years old. I think it has immobiliser. Besides its in the farthest corner of the car park.

      • shadowarrior on 20/12/2017 - 09:15

        You don't need to start it, with the steering wheel unlocked, just put the car in Neutral, have someone sit inside to steer, and another person push.

        • TheGhost on 20/12/2017 - 09:29
          +3

          Wouldn't the steering wheel be locked without key in ignition??

        • tomsco on 20/12/2017 - 09:32
          +3

          Wouldn't the steering wheel lock itself up if used to much when not turned on?

        • shadowarrior on 20/12/2017 - 09:36
          +2

          @freakunow: I was hoping it was an older model without the power steering :( Otherwise yeah, the steering locks when turned without keys. Sorry mate, hope you can sort this out soon.

        • TheBilly on 20/12/2017 - 13:10

          @freakunow:

          If you break open the steering wheel hub cover, the steering lock is usually bolted in with some smooth faced bolts. You need to notch these so you can get a flat head screw driver in to unbolt. After this it doesn't matter, the steering wheel will be fully mobile.

        • Baghern on 20/12/2017 - 23:18
          +1

          @TheBilly:

          You know this was a trap right…

        • danielh on 21/12/2017 - 14:51

          @freakunow: Roll it into another car park and let them deal with it? Or perhaps roll it into a place that interrupts everyone so management is forced to deal with it?

      • coin saver on 20/12/2017 - 09:55
        +1

        Use a Trolley Jack or even better a Hand Pallet Truck with some wood on top or a combination of both.

        • fwdcelica on 21/12/2017 - 10:16
          +1

          or Maccas trays under all 4 wheels !

  • sparkles on 20/12/2017 - 08:05
    +3

    If it's reported stolen why don't the police come and take it, and return it to it's owner? That seems logical, right? At the very least it should go to the insurance company who probably replaced the original owners car. Is it a clunker or a decent set of wheels?

    • TheGhost on 20/12/2017 - 08:21
      +3

      One would think so. But apparently its not happening.

    • Davo1111 on 20/12/2017 - 09:09
      +5

      Police are not some taxi service.

      My bet is that the police notified the owner or the insurer (the new owner) and they didnt care. Or the owner now lives OS

      • D C on 21/12/2017 - 18:39

        Happens a lot in council car parks.

        Come to Oz for a holiday, buy a cheap car, 6 months later dump it in a car park and head off to the airport, secure in the knowledge that it's now someone else's problem.

        And yeah, as @OP has discovered they're a PITA to get rid of.

    • jellykingdom on 20/12/2017 - 10:11
      +1

      Still seems weird. I'm surprised they don't call a tow truck. I see plenty of cars with the "pink sticker of death" on them, and they disappear within a couple weeks usually. I doubt the police personally drive them away!

      • tomsco on 20/12/2017 - 10:22
        +2

        I'm guessing those would be on council land, though.

  • CyberMurning on 20/12/2017 - 08:24
    +1

    bikies will take care that in 6 minutes not 6 months but cost you $6,666

    • El Grande on 20/12/2017 - 23:39

      Lots of 6's in there. Sounds like bad news. How about they do it in 8 Minutes and Cost the OP $8,888. There I fixed it :D

      • KayDat on 21/12/2017 - 00:35
        +9

        Chinese bikies?

  • Davo1111 on 20/12/2017 - 09:10
    +3

    drag it into the street, councils problem

    • [Deactivated] on 21/12/2017 - 10:27

      Then get fined for dumping it.
      Any more good ideas?

      • tomsco on 21/12/2017 - 11:53

        I would imagine any penalty would relate more to the transfer of the car.

        As far as "dumping" assuming the owner or the insurance company knows it's location, I would imagine it would fall on them for not moving it.

      • Davo1111 on 21/12/2017 - 15:00
        +1

        Only if you get caught

        • TheGhost on 21/12/2017 - 20:55

          Got cameras at entry/exit

      • ireadtermsofuse on 21/12/2017 - 20:49
        +1

        Just blame it on the ants. It’s the ants I tell you!

  • oscargamer on 20/12/2017 - 09:35

    do you have access to two car spaces that you are paying for?

    if yes, let the car sit there

    if no, demand a second car space or ask for a rent reduction to reflect the change

    • Slippery Fish on 20/12/2017 - 09:45
      +1

      Even if they say use the other space he is not getting what he paid for hence can ask for a reduction, it's the fastest way to have it fixed.

    • TheGhost on 20/12/2017 - 09:59

      Can only use one car spot. Will be asking for reduction in rent.

      • oscargamer on 20/12/2017 - 10:05
        +1

        and backdated to when your contract started because you have never had access

        if they deny that, then formalise demand in a letter, then NCAT

        you should have a figure in your mind of what is acceptable to you

        • TheGhost on 20/12/2017 - 10:11

          I have asked them for compensation and they said I have to go through NTCAT. I was thinking and as someone else said in comments above, around $20 a week reduction.

        • oscargamer on 20/12/2017 - 10:13

          @freakunow:

          whatever you are happy with

          any justification to that figure?

          seems low to me, but…..

          what $$ loss are you suffering? or is it just inconvenient?

        • TheGhost on 20/12/2017 - 11:41

          Just inconvenience.

        • original15 on 20/12/2017 - 18:19

          @freakunow:
          If pressed how will you justify this cost of inconvenience? You mentioned you had one car? Is this still the case? If you have two or have frequent visitors who require a space that will surely help your case. Me no lawyer tho so gl

        • oscargamer on 20/12/2017 - 20:38

          @original15:

          are there any apartments for rent in your place that are similar, but with only 1 space?

          or 2 that are the same (apart from car spaces)?

        • airzone on 21/12/2017 - 01:10

          @original15: pro rata rent per square metre of inaccessible carpark should be fair

  • Changskies on 20/12/2017 - 09:45
    +5

    hey buddy, had the same problem in my prev apartment. Ive contacted the strata whom removed the car within weeks after 3 months of complaining to my real estate. Ive paid the towing fee (dont ever do this), billed real estate and 30 a week for deduction. Took me about 3 months but got every single cent back.

    • TheGhost on 20/12/2017 - 09:58

      Will contact NTCAT today.

  • Baysew on 20/12/2017 - 10:09
    +2

    If the Real Estate agent has provided you with alternative parking, you haven't actually suffered any loss.
    It would be unlikely that you would be entitled to any any "compensation".

    • TheGhost on 20/12/2017 - 11:34
      +1

      That was only for a short while (2 month maybe). Then someone moVed into that property. They had long enough time (to years) to get it removed.

      • Baysew on 20/12/2017 - 11:52

        So you have just parked your one car in your other parking spot?

      • TheGhost on 20/12/2017 - 11:55

        I meant 2 years. Not 'to years'

        • Baysew on 20/12/2017 - 14:25

          You have been more than patient!

          Perhaps taking it to the tribunal will force the issue, at least.

  • PAOK11 on 20/12/2017 - 10:13
    +1

    Dismantle the car piece by piece and sell it in the open market. Finders keepers right?

  • Succulent Synth on 20/12/2017 - 10:42
    +1

    You could do what this guy did when pot holes in his area were not being fixed after being reported.

    • TheGhost on 20/12/2017 - 11:44

      Thats a good one:)

  • gimme on 20/12/2017 - 21:49
    +2

    Call a wrecker and sell it as it's abandoned.

    • [Deactivated] on 21/12/2017 - 10:30

      That's called theft.
      You can go to prison for that.

      • gimme on 21/12/2017 - 12:10

        Double Jeopardy …

  • p1 ama on 21/12/2017 - 01:26
    +6

    Just move it out of your spot and leave it in the main area of the carpark. Body corporate's problem now.

  • nobarginsarehere on 21/12/2017 - 04:03

    I've seen dumped cars with "reported to police" stickers sit on the side of the road for months before disappearing

    They normally try to contact the owner to get it moved

    Police moving it would cost them money

  • Gronk on 21/12/2017 - 09:57
    +3

    Just call one of those guys who pick up cars for scrap, pretty sure they won't ask any questions and you might make $50 out of it.

  • woodwa on 21/12/2017 - 10:16

    Inform the police the car is on your land(you are renting it) and will dispose of if its there in another 2 weeks.. And then call the Cash for cars scrap metal people.. you might make a few hundred $$.. now that's a bargain.

  • [Deactivated] on 21/12/2017 - 10:29

    If you were offered another car parking spot in compensation for yours being unavailable then you won't have a claim.
    The offer would be seen as "Fair and reasonable".

    • tomsco on 21/12/2017 - 11:51

      I believe the OP said that spot only lasted for 2 months until that property was tenanted.

      And did the REA have the rights to say the OP could park in that spot I wonder?

  • Quantumcat on 21/12/2017 - 10:37

    There should be some rule that if property is abandoned on your property, and the owners know about it, it becomes yours in a certain span of time, like a year. In which case you could call the wreckers and make $100 out of it (and maybe still get compensation from RE!)

  • HeWhoKnows on 21/12/2017 - 11:24
    +1

    OPs problem is not with the real estate agent but with the body corporate.
    It is them from whom OP should be seeking compensation.
    OP should contact the strata manager directly.
    However to justify compensation OP must prove they have suffered a financial loss.
    It appears to me from OPs brief they cannot demonstrate any financial loss.

    OP needs to think of it this way.
    If that car turned up a couple of days after they signed the lease and occupied the unit who would they approach? - the body corporate of course.
    This matter is totally out of the hands of the real estate agent.
    All they can do is approach the body corporate on behalf of their tenant - OP.
    But like I say. OP should contact the strata manager directly and demand that they take action to have the abandoned car removed.

    However if OP paid above market rent because they had 2 parking spaces then the agent should refund part of the rent because they could not use both parking spaces. But that is a different matter as its not compensation. It's more of a goodwill gesture as the agent has done nothing wrong.

  • lethalmoney on 21/12/2017 - 13:24

    Police tow vehicles for forensic value, not as a community free towing service.
    Seems a little odd that it was currently listed as stolen and not touched, however.
    Im going to suggest it may have been a previously listed stolen vehicle, which had been 'cleared'.

  • Zondor on 21/12/2017 - 13:26

    Ask Jesus for help he will remove the car for you. He gave me some sweet Mexican food too, bonus.

  • [Deactivated] on 21/12/2017 - 14:10

    I bet your REA hasn't contacted anyone. If you ask them for proof of communications, the response you'll receive is that it is all in letters. No email paper-trail.

  • [Deactivated] on 21/12/2017 - 20:27
    +1

    Just ring your local wreakers,
    they will give you $50 for it.

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