i live in a rented duplex house. The owners have been renovating next door for 6 months. I have had no quiet enjoyment of my property. They also knocked down my back fence and filled my yard with rubbish from next door for 5 months, using it as a dumping yard. The renovations have stopped now, but I have been asking for a rent reduction for 5 months and they keep saying no. I had no choice in any of the matters that they have made my endure. EG. water being turned off, plumbing issues going on and tradesman using my gate as an entrance to next door. I have even had to tell the plumbers to stop work so I can use my toilet. They owners have told me to just be patient and flexible, that was 6 months ago. Do they need to get any permits from the council to be pulling down fences or renovating or putting up garages or carports? Also my address actually isnt listed with the council. Only the house next door is. Is this legal? Collecting rent on 2 properties and only paying rates for 1 property? I think that I am too late to issue a Notice of breach of duty. Should I be getting compensation for any of this?
i have emailed the agents on many occassions in regards XX XXXX. Spoken to Consumer Affairs and looked under the VCAT website. I have told the agent that Consumer Affairs says that I have a case and that I shouldnt be paying any rent. But still they wont budge on this issue
HelloGo to VCAT.The issue here is that you simply do not have the use and enjoyment with the property as you would with any normal rental property.Lodge an application. With the application take pics of everything as evidence. Using the backyard as a dumping ground alone is reason to reduce the rent / seek a repayment. Removal of fences does not need council approval, but putting up car ports / garages do.The audacity of some people?! Having you pay full $ for a home you cannot have full use of? This simply has to stop. Please accept.
what about the issue of 2 properties on the one site. According to the council my address doesnt exist. I am number 12a and they only have number 12 on record. Also I have unapproved extensions on the house that need to be fixed up. Where do I stand there? The owners seem to think they dont need to adhere to the law!
Hellothe above mentioned other points have nothing to do with you in regard to an application to VCAT.You live there, rent there, this is a rental issue, nothing more. If you wish to complain to council, then do so, but with a VCAT application, these points would be an issue.Please accept.
one last question Daniel,In the VCAT application it asks what part of the legislation my claim relates to. I have read through alot of the legislation and Im not sure what section it falls under. The lack of security and privacy of the property with the fencing being pulled down for 6 months and not being able to use my property and all the noise the renovating has caused. Please advise the sections i can list that it all falls under. Thanks Daniel.
Residential Tenancies Act 1997 - SECT 45Tenant may complain to Director about excessive rent45. Tenant may complain to Director about excessive rent(1) A tenant may apply to the Director to investigate and report if thetenant- (a) considers that the rent under a tenancy agreement is excessive having regard to the fact that the landlord has reduced or withdrawn services, facilities or other items provided with the rented premises; or (b) has received a notice of a rent increase and the tenant considers that the proposed rent is excessive.(2) An application under subsection (1)(b) must be made in writing within 30days after the notice of the rent increase is given.(3) As soon as practicable after receiving an application, the Director must- (a) carry out an investigation; and (b) give a written report to the tenant and a copy of the report to the landlord.(4) The report of the Director must- (a) include a statement informing the tenant of the tenant's right under section 46 to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in section 47(3).Residential Tenancies Act 1997 - SECT 48Tribunal can order refund of rent48. Tribunal can order refund of rent(1) If the Tribunal makes an order under section 47, the Tribunal may includein the order a provision requiring the landlord to refund to the tenant anamount equal to the difference between- (a) the amount of rent payable under the tenancy agreement for the period commencing on the day that the tenant- (i) applied to the Director to investigate; or (ii) applied to the Tribunal under section 46(3)- and ending on the day immediately before the day on which the order is made; and (b) the maximum amount of rent that would have been payable for that period if the order had been made on the day on which that application was made.(2) The order may specify the procedure for the refund to the tenant.Please accept :)
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Hi Daniel.Can you please also tell me where lack of privacy and security of the property comes in under that act please. Apparently the agent has told me that I may not get a rent reduction because i am paying cheap rent for the area. Is this correct? My current agent is actually discouraging me from going to VCAT as she thinks I dont really have a case?
Generally privacy is a general issue there is no real reference in the act. Re the rent reduction, it simply is not an issue as the home still has issued with use and enjoyment.
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