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  1. #21
    TheGooch's Avatar
    TheGooch is online now Winner 2014 - Newbie of the Year
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    Check your state residential tenancies act. I'm sure there will be a section that deals with a tenant's right to exclusive use of the rented premises.
    Doesn't matter if they're elderly or not causing harm.

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    Here are a few lines from the NSW one...

    Your rights:

    • to have quiet enjoyment and use of the premises – the landlord/agent must not interfere with your possession of the premises
    • to have reasonable peace, comfort and privacy
    • to have reasonable locks and security
    • to refuse the landlord access except in certain circumstances and with proper notice
    Your obligations:

    not to alter, remove or add a lock or security device without the landlord’s consent (except in certain domestic violence situations)

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    TheGooch  (03-04-2015)

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    Thanks everyone. I am drafting a letter this weekend. We are looking for another rental for her.

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    It may be helpful to find a community legal centre or tenant advocacy group to get a bit of free legal advice. My only concern for you in these circumstances is whether one could consider there is an easement allowing them a right of way across the property. I can't actually answer that question and I don't know whether tenancy agreements can be subject to easements, especially if they are not spelled out in writing. My guess would be that they can't do what they are doing but one never knows so I thought I would raise it.


 

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