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I own a property at North Lakes and the tenant advises me…

Hello, I own a...

Hello, I own a property at North Lakes and the tenant advises me that two neighbours are throwing rubbish and bottles into the yard. This has resulted in the tenant now wanting to vacate the house. This will cause loss of rent to me as well as new advertising costs. Am I able to claim against the neighbours for losses incurred due to the neighbour behaviour

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

In north Lakes in Queensland

Lawyer's Assistant: Has anything been filed or reported?

I believe the tenant has only told the managing agent. I only became aware of this in the last week

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is the extent of my inquiry

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Answered in 5 minutes by:
11/25/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,273
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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you are able to raise a nuisance claim against those neighbors.

If you tenant is under a lease, and the fact that there is rubbish being thrown over the fence will not entitle to the tenant to terminate the lease, unless there is a serious covenant breach.

Have you issued a formal complaint notice to the neighbors yet ?

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Customer reply replied 7 months ago
No. The tenant is a single mother with young children. Bottles have been thrown over the fence which creates a dangerous situation. I have only found out about this in the last week.

I recommend that you send a formal notice to the neighbors regarding the nuisance, referencing the legislation and that a claim will be brought if such action is not stopped.

Then inform your tenant the action you have taken.

Do you have a written lease with the tenant ?

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Customer reply replied 7 months ago
it is all done through a real estate agent

ok

It's important that your communication with the agent is all in writing to void any counter claims that they did not receive any instruction.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 7 months ago
No thanks. I was just after some basic information as to how to best progress the issue

Understand.

Have I answered your important question today ?

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Customer reply replied 7 months ago
thanks. That's all I need for the time being

Thank you.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,273
Experience: Principal Lawyer at Legal AU Pty Ltd
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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