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We have recently signed a fixed term lease for 12 months for

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
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Customer Question

We have recently signed a fixed term lease for 12 months for a house. Since signing and paying bond etc we were told they we were not permitted to install a landline( at our expense) to the house & also the owners would be coming down from the city every few weeks to sty in their caravan at the bottom of he garden. I was aware that they would be storing the van and picking it up to go off traveling but not staying at the rental property. I was not notified before signing lease that there was no telephone there. Please advise how we stand legally we have not moved in yet . We desperately need the phone to keep I contact with family in uk.
Thanks Emma

 

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State/Territory: Wa

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Submitted: 284 days and 9 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
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Expert:  Alex replied 284 days and 2 hours ago.

Please advise how we stand legally we have not moved in yet .

They have no right to stop you from installing a landline, and also, a lease generally gives the tenant exclusive possession of the property. So you don't have to allow them to stay on your land and can seek a Court order and damages against the landlords if they try staying on the land after they have leased it to you.

I suggest you make them aware of this, and tell them if they don't want to accept that then they should find new tenants and return your bond forthwith.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Customer replied 283 days and 15 hours ago.


Thank you for your reply. Their concern was that they did not want anymore drilling or cables installed in their house, so are you saying that legally we have a right to install our own line in their house ?
I am eager to gt this information in hand as I will be liaising with the real estate people tomorrow. I fully understand about the staying in the shed part of my question.
Thanks
Emma

Customer replied 283 days and 15 hours ago.

,
Thank you for your reply. Their concern was that they did not want anymore drilling or cables installed in their house, so are you saying that legally we have a right to install our own line in their house ?
I am eager to gt this information in hand as I will be liaising with the real estate people tomorrow. I fully understand about the staying in the shed part of my question.
Thanks
Emma

Customer replied 283 days and 15 hours ago.

,
Thank you for your reply. Their concern was that they did not want anymore drilling or cables installed in their house, so are you saying that legally we have a right to install our own line in their house ?
I am eager to gt this information in hand as I will be liaising with the real estate people tomorrow. I fully understand about the staying in the shed part of my question.
Thanks
Emma

Jus another note, we were permitted to install a fence for our pets which cost about $1000 which we did ourselves. How do we stand with this if we pull out of the lease?

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Expert:  Alex replied 283 days and 15 hours ago.

are you saying that legally we have a right to install our own line in their house ?

Yes, you do. So I suggest you tell them that it is your intention to have Telstra come over straight away to install the phone line, and then tell them that if that's a problem for them, they have two options. One, all parties agree to terminate the lease. Or the second option, they take the matter to the Tribunal (you'd win if they did so).

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Customer replied 283 days and 14 hours ago.

Thanks Alex. If all parties agree to terminate the lease are we entitled to our money back for bond etc and money back for fencing installed?

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Expert:  Alex replied 283 days and 13 hours ago.

If all parties agree to terminate the lease are we entitled to our money back for bond etc and money back for fencing installed?

Yes.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.

Customer replied 283 days and 13 hours ago.

Is there some sort of legal right for us have the use of a telephone that i could quote? If they do not agree to the telephone of terminate contract what can we do then?

Accepted Answer

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Expert:  Alex replied 283 days and 13 hours ago.

Be firm with them and tell them you are installing the landline ASAP and they will simply have to accept it. The Tribunal would allow you to do so if this is a residential tenancy lease. But its not written anywhere so that you can open some legislation to assert your claim. Its a principle of common law that residential tenancies allow for the installation of a phone service.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12702
Answered: 7/29/2012

Experience: I did my law degree at the University of Queensland

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