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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 47882
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm currently staying in sharing house which is a girl

Customer Question

Second opinion] Hi, I'm currently staying in sharing house which is a girl accommodation near Curtin. One of the tenants, Seema often bring guys to enter our home, almost everyday. I feel extremely uncomfortable due to the high pitch noises of laughing and talking coming from them. Me with other tenants proposed a suggestion to her several times where she should give an early notice if she is bringing her friends, especially when all her friends she brought home are men. At least inform us 6 hours -12 hours earlier, or before the day her friends coming. However, she argued by saying that informing us 1 hour before her friends' visit is still considered informing us. Sometimes, we are not being informed about the guests and causes trouble in our daily lives. She said that we hav no right to know about when her guys friends come and left, as she had pay for the rental. In our agreement stated that all the visitor should leave the home before11pm. We found out that many times, her male friends didn’t leave our house before 11 pm, as we witnessed this situation several times. However, she never admits this. Other tenants told me that there were cases where she invited her guy friends to use their sharing toilet for bathing purposes. This situation is making us feeling inappropriate for a women hostel. She is not taking care of the cleanliness in kitchen too. She never cleanup her stuff after cooking, and dumped everything in the sink every day. This situation is getting worse when her male friends come, as she will cook for them and again, she left the kitchen in an even messier condition. A rat appeared in the kitchen last week and it accidentally entered the bathroom. After the incident, we did warn her to keep the kitchen clean but she refused to listen and still acting stubborn. She shirks the responsibility by blaming others for not cleaning it up. Although there are cleaners coming fortnightly, it still does not help much as she can make it dirty again within seconds. I am completely helpless and I can not endure the problem for a moment longer. We tried our best to communicate with her but it never really reaches her. She said that it is her right to ask her male friends to stay in her room without informing us because she pays the rent to her own room. This situation exists almost close to one year, we had reported to our agency severe times but they did not take any action, we don't even get a single reply from our agent. What should I do for now? JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: Professional Backhouse JA: What are the terms of the lease? Any issues related to maintenance or upkeep? Customer: yes, keep the kitchen clean, no visitor after 11pm, no allow visitor to stay in our home and visitor not allow to use the bathroom too. JA: Anything else you want the lawyer to know before I connect you? Customer: We wish to make a complaint about our agent and the tenants, but we have no idea on the progress.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Expert:  Leon replied 8 months ago.

Good Morning

I see it is a shared accomodation.

You have to make a complaint to the agent in writing about the conduct of the tenant. Ask them to do something about her constant breaches on the lease.

The more details you can give the better.

If you have sent her emails to request she comply with the rules these can be used as evidence .

If the agent then fails to act you can then complain about the agent to Magistrates court for failing to manage the property and breaching the rule of you being able to have your quiet enjoyment of the premises.

If the tenant that is the problem is subleasing form one of you then you can issue her with a notice to vacate under the law and if she refuses then list the matter with the Magistrates Court.

Here is a link that sets out the situation and look at paragraph 2

https://www.commerce.wa.gov.au/consumer-protection/breaches-tenancy-agreement

Here is the page where you can download the Notice.

https://www.commerce.wa.gov.au/publications/notice-termination-non-payment-rent-form-1b

This only applies if she is subleasing from one of you who has the main lease.

These are your only options.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Customer: replied 8 months ago.
I sent the evidence and a complaint letter to 3 property agents, but none of them reply.
Expert:  Leon replied 8 months ago.

If they do not reply you can sue them for failing to do their job.

Customer: replied 8 months ago.
Can i breach the lease in this condition.
Customer: replied 8 months ago.
Can i breach the lease in this condition?
Expert:  Leon replied 8 months ago.

Good Afternoon

It is going to be hard.

You would need to seek a court order to break the lease.

Show that there is an issue and the landlord is failing in their duty.

To simply walk away you will find yourself facing a court application.

You should send a letter to the managing agent to request being let out of the lease due to the failure of the landlord and them acting to rectify the issue and you deem they have breached the lease. If they fail to reply take the matter to court and seek an order to be released.

This is the best option.

I hope this makes sense and is of assistance.