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  1. #1
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    Default Real estate help please.

    Where on a lease does it state if a area has a common area?

    Where would I find special conditions to a lease.

    This lease we have signed does seem to have either in it. The place has it in number so it not like 122A. It's just 122. It has a gate to the adjoining house yard (the landlords house we have since found out).

    We had a verbal agreement that that house could use the side path of our place to put there council bin out once a week. They are now using it as there main entrance to their house. They and their visitors are wondering through the yard when ever they chose up to 7 times in one day. They go though at 7am making noise knowing there is a night shift worker in the house. They have moved our stuff.

    They elderly visitor use a wheel walker and visit most days. They say it is the only way in to the house for her.

    They are now saying 3 weeks after we signed a 1 year lease that our yard is a common area.

    We wouldn't have rented this place on those conditions.

    I need to write a letter to the real estate again slating we are not happy and why.

    The real estate is very much try to appease the landlords and saying that he has asked them to minimise their use of our yard. I am not happy about that. I think they should have to stick to the original agreement.

    I want to put a lock on the front gate.

    Any help would be great.

  2. #2
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    No practical advice sorry @LoveLivesHere - but I can tell you I would be mighty p!ssed off about having to share ANY part of a rented property if the landlord/real estate agent wasnt upfront about it prior to signing a lease and quite frankly would be putting a stop to it - or breaking the lease and moving. Its not on. You pay for your privacy. What if you had little kids/dogs in the yard and someone left the gate open. You want security and it is not being provided. Grrr for you.

  3. #3
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    I'd be interested in this too. We live on a rural block. The full block is 4 acres- we rent the house block which is 1 acre and there is a granny flat that takes up about .5 acres and shares our drive way. The rest is a separate paddock that the landlord rents out to horse adjistment (?sp). The horse ppl drive all over our front yard, let their dogs run around our yard (& crap on it without cleaning it up) and have twice removed our automatic waterer for our greenhouse, killing two lots of seedlings. I refuse to take it anymore.

  4. #4
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    Your entitled to quiet enjoyment of the property...i would be chasing it up with the real estate for sure!

  5. #5
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    Is it 2 homes on one block or a villa complex? If it's 2 homes there will be no common area as such - any verbal agreements won't stand up at tribunal , everything must be written in the lease

  6. #6
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    Quote Originally Posted by Elijahs Mum View Post
    Is it 2 homes on one block or a villa complex? If it's 2 homes there will be no common area as such - any verbal agreements won't stand up at tribunal , everything must be written in the lease
    Its one home that was spilt into two. Both have front and back yards that are fully fenced. So no area that both homes back onto. Both have separate house numbers.
    Dd place has a gate to the front and a door to the back that leads to a shopping centre car park. And a gate between the properties. She wants to put a pad lock on her front gate that is beside her bedroom.

    The lease seems to be standard terms with no mention of common areas or even the bin day clause that we agreed too.

    I need to write to real estate tonight to make a formal complaint.

  7. #7
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    Yep just write saying that the property is not safe and secure and you are going to padlock the gates for security reasons and so you can have your right to quite enjoyment of the home which is currently being breached and there is no condition of the lease as to a common walkway or gate

  8. The Following 5 Users Say Thank You to Elijahs Mum For This Useful Post:

    BH-KatiesMum  (02-04-2015),GrabbyCrabby  (02-04-2015),KitiK  (31-03-2015),LoveLivesHere  (31-03-2015),Wise Enough  (02-04-2015)

  9. #8
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    Quote Originally Posted by Elijahs Mum View Post
    Yep just write saying that the property is not safe and secure and you are going to padlock the gates for security reasons and so you can have your right to quite enjoyment of the home which is currently being breached and there is no condition of the lease as to a common walkway or gate
    Thank you.

    I am stressing big time over it ad it sending dd into a mental health spiral. She can't even get dressed without see men outside her windows.

  10. #9
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    I wish I had an office in her city so I could get her a decent rental!

  11. The Following 4 Users Say Thank You to Elijahs Mum For This Useful Post:

    btmacxxx  (02-04-2015),GrabbyCrabby  (02-04-2015),LoveLivesHere  (31-03-2015),Meld85  (31-03-2015)

  12. #10
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    If it's two separate house numbers, then it should be treated separately- including entrance/exits!

  13. The Following 2 Users Say Thank You to DT75 For This Useful Post:

    LoveLivesHere  (31-03-2015),Meld85  (31-03-2015)


 

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