Subletting Car Space is Prohibited?

Hi Guys,

I am renting a Sydney unit in a high rise building. The rent come with a car space which I don't use, and therefore, want to rent out (I was restricted in time, to I don't have much choice on what to rent). I have talked to the agent and she said she'll let me know if she know someone who're looking, and that I can advertise it in the building notice board.

So, shortly after her confirmation, I was contacted by a rent-your-car-space company and successfully get a booking for the space.

Upon moving into the building, I was given a list of building rules that stated that renting out car space to non-tenants is prohibited under council rules. I am now confuse... what would be the best course of action? :(

I read one thread about parking restriction in Flat Chat, but it's not a straight forward answer. The link http://www.flat-chat.com.au/forum/p...n-renting-car-spaces-in-residential-buildings
 
You should check the body corporate rules. I know that in my building that the body corporate rules disallow subletting car parks to non-residents.
 
If you find you cannot let it to non-tenants, could you maybe advertise it as being available to rent to a tenant already living there, someone with two cars but only one car space?
 
building rules may not apply if not given properly, "On moving in", is after commencement of the agreement, the NSW RTA requires all documents pertaining to the lease agreement by the landlord be given in writing at commencement. The tenant can not consider property rules when signing the agreement, if they are given days/weeks/hours/minutes even seconds after.
a 'gotcha moment' (sign here, good, GOTCHA, HA HA HA evil landlord laughter[sup]1[/sup])

properly document dates and times received

The tenant is permitted to sub-let by the RTA, on written permission, talking to the agent is not gaining written permission,
but given the fines applicable for a breach by landlord (no docs)
up to 50 penalty units ($5500)
there may be a substantial bargaining chip in gaining wrtitten consent

[noparse][note1] [/noparse]I do not suggest malice by the agent or landlord, malice is unneccessary when incompetence will serve,
My corporate shirts include 'evil landlord' embroidered on the right sleeve, 'evil superintendant' on the sleeves of employee shirts, our tenants find it funny, evil landlord stories abound
 
Thank you for the reply!

@AlmostBob I asked the agent through email, so I have her answer regarding renting out car park in writing. Can this be considered written permission?

@Aaron_C I have the by-laws upon signing the Tenancy Agreement. There's nothing mentioned about this other than tenants should not park in visitors car space. In the tenancy agreement,there's also a special conditions said "the tenant agrees to use the car space provided" but again, no line mentioning prohibition of renting out to non-tenant.
 
I would consider email written permission
I would, and the tribunal would, consider property rules given after the lease was signed to be invalid

unless the document contains something along the lines
"the tenant agrees to use the car space provided" to park only the tenant's personal vehicle
then
the tenant agrees to use the car space provided" as a source of income,
is equally valid
 
I would consider email written permission
I would, and the tribunal would, consider property rules given after the lease was signed to be invalid

"the tenant agrees to use the car space provided" as a source of income,
unless the document contains something along the lines
"the tenant agrees to use the car space provided" to park only the tenant's personal vehicle

Thank you! This gives me more confidence. The timeline is like this:

1. Confirmation that my application for the rental have been approved.
2. Send the bond and upfront rent and ask regarding car space rental.
3. Get email back from the agent regarding the car space rental.
4. Confirmed booking for the car space for early April
5. Sign the Tenancy Agreement, By Laws document given on the same day
6. Moving into the apartment. The rules sheet (that mentioned renting out to non-tenants prohibited under Council) is given.

So, yes, the building rules are given after signing lease.

And the full line in Tenancy Agreement is (the capitalised words from original document): "CAR PARKING - The tenant agrees to use the car space provided. WHERE APPLICABLE, any additional vehicles are NOT to be parked in the Strata complex visitors car spaces or common areas."

And nothing else mentioned about car park is mentioned there.
 
Is the carpark accessible from outside by anyone? ie, ground floor, open to the public. Or is the carpark behind a secure gate/roller door?

I only asked because, as a young-ish female, if I was a resident of the building, I would be upset if some non-tenant random anybody had access to the carpark, and therefore potentially the entire building
 
Is the carpark accessible from outside by anyone? ie, ground floor, open to the public. Or is the carpark behind a secure gate/roller door?

I only asked because, as a young-ish female, if I was a resident of the building, I would be upset if some non-tenant random anybody had access to the carpark, and therefore potentially the entire building

what is to stop the non-tenant random just renting an apartment there, in which case they would still be in the inner sanctum? do you seriously vet all the other occupants in an apartment complex before deciding to live there? and they can change at any time anyway. This is similar to my wife refusing me to have a granny flat - doesn't want a bunch of destitute tenants living on top of us. I am trying to fathom how it is different to any of our other neighbours?? (would be a side GF not a rear one)
 
Is the carpark accessible from outside by anyone? ie, ground floor, open to the public. Or is the carpark behind a secure gate/roller door?

I only asked because, as a young-ish female, if I was a resident of the building, I would be upset if some non-tenant random anybody had access to the carpark, and therefore potentially the entire building

Hi Lizzie,

The carpark need an access swipe and access is strictly for the carpark only (i.e. they can't go to levels other than the concierge and car park).

I did talk to Council today - they said is prohibited as it is a 'security risks' - but she can't tell me more than that - she sounded like she's unfamiliar with the regulation as she need to go through several people to get this information. I probably will try to get this in writing.
 
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