How to stop people parking on the property that my tenants are renting from me?

[Hari]

I have a rental property (2 bedroom flat) in Picton that is located next to a backpackers. The flat has 2 carparks in front of it owned by me for the tenants use. There are 'No Parking' signs on the external walls of the flat in front of these car parks. The owners of Atlantis Backpackers, continue to allow their customers to park in my car parks, and to sleep in their vehicles, despite numerous requests made to them by email, for this to cease.

I just phoned them this morning and asked 'Why has a van had been parked on my property for the last 2 months?'
The owners' reply was, 'Any time you want to sell, let us know', and then he hung up! I was gobsmacked.

My current tenants have terminated their tenancy due to this issue. It is obvious to me that the owners of the backpackers want to make it so hard for me to rent my flat, that eventually I'll give up and sell it to them so that they can expand their business. If I do that, it will do nothing to alleviate the current shortage in rental accomodation.

It is frustrating enough that their customers are parking on my tenants property, but that fact that they are generating income from this, none of which goes to me, and that it can jeopardise my tenants 'right of peaceful enjoyment of the property' is extremely annoying.

I have spent a lot of money on this flat in order to make it a comfortable long term home for tenants.

Any advice as to what I can legally do to stop the backpackers doing this in the future would be most appreciated.

Thanks in advance for your feedback.

Kind regards,
Harry

[donna]

Hi Harry,

Legal action. And you'd need records of your interaction with them, emails, phone calls and I'd say photo evidence too.

Get legal advice and then go for it. It's bullying for sure, but you need evidence of it. You can probably start to gather evidence from now if you've not got it so far as your post suggests their behaviour isn't going to change. Have you thought about security cameras to record evidence etc?

cheers,

Donna

[Angela1]

Change the signage, and use the correct reflective signage made by a signs contractor to be seen at night. Its not No Parking, but Tenants only Parking - No backpackers. All

others will be towed or wheelclamped. - depending on your options.

Find out if there is a tow truck contractor in picton. Or if you also live in Piction maybe wheelcamp is the solution. Say $200 to remove and give tenants a portion of it to compensate them each time. Have a read of this:

https://www.consumerprotection.govt.nz/assets/PDFs/Code-of-Practice-Parking-Enforcement-on-Private-Land.pdf

If it is sealed carpark linemark the start of the each park with Tenants Only in yellow paint. Or maybe that is the problem the backpakers think they are tenants? Maybe "Private" is a better word?
Soon enough the backpackers should put their own sign up in their office to warn their customers not to park there.

[Rosco]

Hi Hari,

Your issue is with the people parking there, not the backpackers. I would look at

1) electric gate with only your tenants having pin number or remote.
2) Tow away signs as Angela has suggested above and then use a tow company. Generally the backpacker customers will quickly get the idea and won't park. Also the backpackers firm is likely to warn their customers against parking there.

Ross

[sidinz]

. Generally the backpacker customers will quickly get the idea and won't park. Also the backpackers firm is likely to warn their customers against parking there.

Yep. Right now, they have a financial incentive to keep ignoring you. You need to turn that around. By towing the backpackers' vehicles and making them pay for recovery, they will get very angry with the Backpackers' if they've been encouraged to park there. Angry customers can affect business. They clearly won't want that.

[Davo36]

Yeah as everyone else said, get tough.

Find out exactly what the steps to take are (perhaps by ringing a tow firm and asking) but they may be: 1) Put up a sign warning of towing as others have said, 2) Have the cars towed whenever they are there (you or tenant ring them), 3) Try and remain calm when people start getting upset about this.

And for sure, do not let them stay there for 2 months! If you do, you're more or less saying "Yeah sure, park there, I don't care."

If cars are there for any length of time at all (even 10 mins), tow them.

[chris_gee]

Simple enough. I have a similar problem with people parking on r.o.w. It is now in tenancy agreement. I also warn at start of tenancy and say not my job to check how long they will be there. Register with towing company. Erect clear sign with tow contact number.
Surprising how people try it on or don't warn visitors. The odd tow gets the message across. Forget the backpackers not their problem.

[TheLibrary]

Actually towing a vehicle works.