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  1. #1
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    Default What are our rights as tenants?

    When demolishing a house in nsw, do you need to seek approval from neighbours?

    We've moved into a rental, the house next door is being demolished and I'm trying to work out if the owners would have known about this before we signed the lease. We would not have signed up for a lease that would have primarily meant we would be living next door to a construction site for the duration of the lease.

    The contractors are Cowboys... They have twice exposed our back fence to the street and the dogs could have escaped. They have severely damaged some fence panels. Now all down the side of the house, there is a huge gap under the fence enough for the dogs to escape from. We've blocked it off with bins etc. tonight my DH came home and literally touched the wall and parts of it collapsed into the yard. I have a 2 year old boy... What if he did that!?!

    What are our rights as tenants? We don't feel secure in our own yard.
    Last edited by Olive Oil; 07-09-2016 at 22:53.

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    No idea about what rights you have but have you brought it up with the real estate/landlords? Do the owners know their fence etc is being destroyed?

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    Default What are our rights as tenants?

    Absolutely! We let them know straight away. I think they are coming to take a look Friday. The real estate agent said that they both owners know eachother... Grr
    Last edited by Olive Oil; 07-09-2016 at 22:22.

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    @Elijahsmum might know more about tentant's rights in a situation like this.

    I have no idea but regarding the contractors please take photos and contact the council. They should send someone to inspect it.

    Also, anything else that worries you about dangerous practices etc etc go to the council too.

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    Contact fair trading they will give you accurate information. There is also a tenancy advocacy service, so speak to them. Just google them.
    There maybe a way you can get out of your lease, which is what I would be trying to do.

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    Update... The owners of our house knew that this demolition was going to happen. I'm slightly furious.

    My DH actually spoke to the builder several times about their poor practices and said he was going to report to the council... Builders response was olive branch or "make your lives difficult". We are only here until February, not worth the drama.

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    Document it all and take pictures. I know in SA when you seek building works etc to build or knock down and rebuild it all has to go to council. The surrounding neighbours are notified (the owners) and they can object to a certain degree of the house plans. A friend has just been through it as she and her DH are extending their house upwards and the neighbour to the Left objected to the extension as it blocked his view which was not possible as the houses are north facing and the house being extended is at the top of the block and the other was the bottom of the block. Neighbour lost and the house was extended.

    By all rights of be pretty ****y at the owner and the agents if they knew this was happening. I wouldn't of moved in either. If you can prove that I'd ring the tribunal to see if you could get out of the lease and move

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    @Olive Oil as I was posting you where posting. Seems as the owner knew I'd try and get reduced rent. Also if the site doesn't have any power on it now they will be running generators all day every day and their pretty noises. With a 2 yr old it may be hard for them to nap during the day. My DP is a builder and when there is no power in site he goes to the neighbours and asks to use theirs....he does pay them though $5 a day as they use very very little power generally it's only for a nail gun compressor or a drop saw

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    Not sure where you are but in NSW we have a material fact clause in our leases which means if we know ( owner or agent) about something that may put off tenants renting a property they have a right to break the lease without penalty - I would say this is a fact that if you knew you wouldn't have taken the lease as it is not giving you quiet enjoyment of the property - but - it's a very vague clause and it will all depend on who you get at tribunal - but you could still try ask to get out based on the fact they are making it unsafe for your kids and dogs with the fence being damaged

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    Thanks all. I have had to talk my DH down a few times. If this escalates, I'm the one at home with 2 babies dealing with nuisance builders. Or what if it's more sinister?!?

    I'll check the agreement. Although I don't think we can break the lease. We are only in Sydney (Leichhardt) until February or so for my dh's work and then will be going back to Perth. We won't find another property for such a short term with 2 dogs so I think we are stuck.

    So disappointing. Just want a safe, secure backyard. The babies slept through jackhammering 2 times this week so I don't think noise will bother them too much (touch wood).


 

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