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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42645
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have my sister and her partner living in a dwelling on my

Customer Question

I have my sister and her partner living in a dwelling on my property they have been since 2005 and paying rent now he has to work away for 4weeks and has informed me he won't be able to pay rent here anymore but also won't move out as he built the shed on my property he claims he owns the place it were he has built also my sister will be staying here while he is away as she works 3days a week she is also agreeing with him can you please tell me what I need to do as I would like them to leave they are being unreaasonable thankyou***@******.***
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

He is incorrect about owning the place but the value of the shed can be attributed to rent as he has improved the land. What was the agreement with the shed?

Customer: replied 1 year ago.
No agreement as they had no where to live after returning from overseas my sister spent several years away meet her partner he only became a citizen 2005? I was happy to pay value of shed if I ever sold I just did not expect them to do what they are doing as I gave them a place to stay but he has taken over ever since he also does noth around the property I do most my sister looks after the area around shed the shed was only also the shed was only approved as a work studio not to live in but they went ahead and lived in it they also use my water supply as I do have town water I would appreciate your advice and should I need to see a solicitor
Expert:  Leon replied 1 year ago.

Good Morning

You are going to have to give them Notice to vacate

At the end of the notice period you will nee do take them to court if they do not leave and also you can claim all unpaid rent up to the date they leave.

In your application you can either ask for them to remove the shed or reduce the amount owing based on the value of the shed. This is your only choice.
You will need to go to court because from what you are telling me I suspect they will not leave.

You can do this on your own but you will have to make sure you do everything in writing.

I hope this makes sense and is of assistance.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon