Tenant is not happy with the granny flat construction

That sounds pretty reasonable I reckon.
Just get it sorted and move on.

 

Yeh I'd be annoyed at strangers in the backyard. Our landscaping at home as been a few months due to slow work (tradies!!!) And we can't wait to get rid of them. It's a nuisance ...

 

Absolutely a nuisance and this is despite you having a fair bit of control/authority since theyre working for you, on your property.

Imagine being a tenant being told that builders were going to be onsite, being given no specific plan outlining what exactly will happen in terms of what they wouild lose access to and what would be unaffected, days and times of trades onsite, who to contact if issues and something in writing that they at least coild refer to/rely on and on top of that being offered $2.50/day to deal with it, assuming access was required monday tp Saturday.

Even if someone was initially willing to try and accommodate the build during their tenancy they would get their back up at the sheer lack of respect shown by the landlord, PM and builder.

Oh yeah, lets not forget that for all they know it could take 6 months instead of 8 weeks which theyre being told is possible.

 

In terms of audacity Its not hugely different to a tenant moving in and then askig for a bramd new kitchen to be put in or for a garage to be converted to a habitablw room like @Xenia mentioned the other day

 

And there's also the smell of the portaloos. Yuk!

 

This is a serious error. You have contracted to give the tenant possession of the whole property so you are in breach of the lease.

You should probably offer to cut their rent in half to compensate.

 

This is very correct - you might even be tresspassing!

 

Hi Joe

Yes I do believe the tenant will be in the position to leave the tenancy penalty free and possibly claim compensation if they choose. There is zero benefit or improvement for the tenant in this situation, its completely the opposite. From what I understand they will be losing their yard, quiet enjoyment for quite a considerable amount of time, safety concerns and then once the construction is finished - who is gong to be basically living on their back door step? They wont have a say who will be living in the Granny Flat and if this were me, especially with a new born - this would concern me considerably.

All it will come down to is what was in the lease, the emails you speak of I don't believe will make a difference as it is the lease that is the legally binding contract. Bottom line is they will not have full use of the premises and obviously their quiet enjoyment will be seriously impacted. If it wasn't for the construction then they wouldn't have even thought of moving from what I understand and this does mean that they could possibly claim any costs associated with moving at the very least.

 

After I discussed with the tenant via the rental manager, the tenant has just moved out as they found a new place to move in. I've learned the lesson from this mistake and I will ensure the special condition about the building construction when finding a new tenant. Thank you all PC members for your feedback!

 

There you go, sorted.
And the next tenant will be aware of what's going on.