Turning bay concerns

Question from Anika updated on 27th October 2017:

We recently bought a rental that has a "turning bay" in addition to a carport. We know the tenants (who are remaining in place) use the turning bay as parking, and it would be impractical to stop them. Although I can't see any danger (it's essentially a retaining wall filled with gravel, which seems to be holding up fine), are we opening ourselves up to a risk that I haven't thought of? Should we put a sign up? Or would our inaction render a sign pointless from a legal point of view?

 

 

 

Our expert Jennifer Sykes responded:

Under the Residential Tenancies Act, landlords have an obligation to ensure the premises comply with relevant health, safety, and building requirements. You are also required to maintain the premises in a reasonable state of repair. To verify if the premises are compliant with the relevant requirements, you should contact your local council and provide further details about the situation. We also recommend you seek independent legal advice relating to your concerns, and discuss potential liability with your insurance company. 

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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