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Livid!!!


linda@no9

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I'll be brief.

Owners of house been overseas, rent house to us via real estate agent.

Arrive back in country and in-fluxed with calls from son, family members times ranging from 7.30am to 7pm at night.

Tonight, owner of property arrives on doorstep to 'collect mail and see how things are going.' at 8PM (agents job)

Gardener (neighbour friend) arrives this morning to property unannounced as usual at 6.30am also just turns up a few times a week to 'do stuff!'

 

Angry does not cover how I am feeling at the moment!

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We feel very uncomfortable now wondering if this guy intends to just 'stop by'!

 

The neighbour who is only supposed to cut the grass, just pops in to trim hedges and other stuff. 6.30am the other morning! With a large expance of glass in the family area downstairs, my 16 year old uses the downstairs bathroom to shower. Can you imaging her still half dressed and seeing an old guy peering through the windows because hes 'just stopped by' to water the garden?

 

So, reading through the lease agreements, what protects the tenants from all this? It sees we have to comply with an awful lot, but what are our rights?

Edited by linda@no9
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Linda, you absolutely have rights in this!

 

Basically unless it's an emergency repair (eg. something to do with electricity, or lack of hot water, etc) you are entitled to notice. The clause from the standard lease used in WA is clause 9, which reads as follows:-

 

9.The OWNERS may, subject to the obligationscontained in paragraph 8 above, enter the premises in the followingcircumstances:

(a) with the consent of the TENANTS given at, or immediately before,the time of entry;

(b) in any case of emergency;

© for the purpose of inspectingthe premises or any other purpose on a day and at a reasonable hour specifiedin a notice given to the TENANTS between seven and fourteen days in advance;

(d) for the purpose of carrying out necessary repairs to or maintenance of the premises, at any reasonable hour, after giving to the TENANTS not less than seventy-two hours notice;

(e) for the purpose of showing the premises to prospective tenants, at any reasonable hour and on a reasonable number of occasions during the period of twenty-one days preceding the termination of this agreement, after giving the TENANTS reasonable notice;

(f) for the purpose of showing the premises toprospective purchasers, at any reasonable hour and on a reasonable number ofoccasions, after giving the TENANTS reasonable notice.

 

Hope this helps. I have to say that it really bugs me when landlords do the wrong thing..... it makes the rest of us look bad (and stupid!).

How are you resolving this? Are you emailing the RE agent with your concerns, or the owners directly? I ask because the RE agent will probably have a heart attack when they hear about it.... rogue owners are a nightmare!!

Let us know how it goes.

Jen

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I pm'd you jen, but haven't had a response to my e mail as yet!

 

So, if hes broken the clause, what are our rights? We have a friend who is allowing us to move in with them if we need to because quite honestly, I'm concerned that if we go out, he'll be round looking through the windows!!

 

I feel I have no privacy at all, uncomfortable about being here. Its not like ive moved half way around the world to be scrutinized by a cleaning schedule I now have to endure this!

Edited by linda@no9
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Hi Linda

You certainly have pulled the short straw with this owner. Basically what is going on is a constant check on how you are looking after the house. The grass cutting included in rental is a way of the owner checking constantly. But I feel you are having your privacy invaded and yes you do have rights the tenant. In the UK the tenant has more bloody rights than the owner I do not know the situation here in WA. You do need to report this to the agent asap. How much longer do you have before you move to your long term let? I hope it is soon for your peace of mind.

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Hi Linda, had a look at your PM - you included all the detail which is key. Sometimes if a more general complaint is made, it's easy for the RE agent to ignore/brush off.

I definitely feel you have had your right to peaceful occupancy well and truly invaded!

Even with things like the gardener etc, you are entitled to either have a standing arrangement or plenty of advance notice as to when they will be coming around. Can't blame your daughter for feeling uncomfortable about him wandering around, it would absolutely give me the heebie jeebies!!! Also you have the right to require a 'reasonable time'. Legislation doesn't specify what this is, but to my way of thinking unless it is an emergency situation, neither the crack of dawn nor after dinner is a 'reasonable time'.

The only concern I have is about the rent payment. While you are completely within your rights to make the complaint, the legislation doesn't state a penalty as such, and if you withhold rent for such a reason you could end up in dispute about it.

Maybe get in touch with the Tenant's Advice Service - here's the link to their website:- http://www.taswa.org/

They should be able to help you in terms of seeking redress, what is possible (and what isn't) and also how to best go about it. But the email to the RE agent is a great start!!

Jen :)

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Hi Jen. Thanks. Evidently we have been advised to suck it up. The RE agent will now not correspond with us! So, who supports the little guy?

 

Hmmm.... You seem to be getting a raw deal but a response like that would infer that the agent and/or landlord have another view of the situation which they believe to be relavant. If, as Jen_PFR says, you seem to have a case and, if you now believe you do not need " to suck it up", then your next steps could make it become very messy indeed. Are you really, really sure it is a "war" you can win?

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Hmmm.... You seem to be getting a raw deal but a response like that would infer that the agent and/or landlord have another view of the situation which they believe to be relavant. If, as Jen_PFR says, you seem to have a case and, if you now believe you do not need " to suck it up", then your next steps could make it become very messy indeed. Are you really, really sure it is a "war" you can win?

 

Exactly my point. Suck it up!

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take pictures time date stamp of visitors, log all visits in a diary so if it gets messy you have something to support your complaint.

and yes call the owner, they may not know anything about it?

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I guess it depends what it is that you want. Do you just want them to stop popping, by? My guess is this will now happen, do you want an apology, because I doubt if that will be forthcoming. Sometimes I think its just not worth the war. We had a lawnmower guy come around once a week and he sometimes knocked on the door giving us advice on how to keep the lawn alive, it wasn't always convenient as my OH works night-shift but in the end, I decided it just wasn't complaining as I didn't want grief at the end of the tenancy.

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