Tenants won't allow access

Hello,

We have a nice little house in Greater Sydney that we plan to move into in about 3 months. We have it rented our through a real estate on a short term basis to an older couple who was looking for a house in the area and has since purchased. They will break the lease 1 month early, with the penalty, I believe, of 1 week's rent. What is the purpose of a lease again???

We want to do a little extension on the house. We requested that our draftsmen be able to visit the property for 1.5 hours to measure up, etc. Because of Covid, no one is supposed to be at the house. We asked of we could perhaps buy the tenants a nice lunch or some such thing while the fellow measures up. They replied with a "no, sorry husband has medical issues and it's too hard to leave the house for this reason."

The draftsmen said he could potentially attend if the old fellow was confined to one room. We tried that again (through the agent) and they knocked us back again.

We are sympathetic to this man's medical issues. But we're also feeling the crunch as if we can't get the extension done before January when our young boy starts kindy, then we'll be in a pickle. The house is just too small for us. In hindsight we should have put a clause in the lease.

It's a beautiful house, and we've immediately actioned any maintenance issues that the tenants have requested. So, we've by all accounts been good respectable landlords.

Do we have any recourse? The agent is clearly not interested in advocating for us.

Thank you for your thoughts!

 

You have given them exclusive possession so they don't have to allow access to 3rd parties for things like this.

 

What part of ‘Because of Covid, no one is supposed to be at the house.’ (which you put in your OP) isn’t clear to you?

 

Good thought. Its definitely worth a week's rent to get it done and move on with life.

 

Thank you. Yes, I begrudgingly arrived at that conclusion.

 

Hi Dave-0,

The person with medical issues should be respected.

No question u will be able get Ur extension at some point, and having had kids I can understand the worry about being in said pickle.

My observation is that kiddo will survive. Medical issue man may not.

If wifey is annoyed that is a much bigger problem. But even she will survive.

Be kind to Ur tenants, especially in COVID.

 

No one at the house while the third party is there (ie the draftsman), is how I read it.

 

I feel your frustration . Some tenants are just nightmares.

 

Yes, it's hard not to come across as purely self interested in this case.

I've always been generous with tenants over the years, often to a fault. It's just frustrating that I'm sort of stuck here. It is true that the extension will likely get done in time, but not without my family moving out for a good 3 months, which is far from ideal.

I'm just going to throw the no break fee offer to them, and if they take it great, we get it done and its win-win. If not, yes, the medical issue must be serious.

Thanks for your thoughts.

 

They've been ok, I suppose, but we've provided a beautiful house for them at a fair price and I feel they've sort of taken advantage at any time that suited them. Not in huge ways, but it all adds up.

Anyway, whatever, I try to keep smiling. We are fortunate, all of us.

 

Awesome. I am sure u will be fine.

I found when I planned things the kids make all my plans turn to custard. They really knocked me into shape.

Now I don't plan anything....don't care about anything...don't try at anything......just basically given up!!

 

Great attitude mate.

Wound be nice if they give you the 1.5h to measure up though..or at least work with you on it.

 

I am a builder myself and tradies are allowed to carry out prescribed work in people's homes, even if they're home.

For the record, I'm double-vaxxed and take this stuff very seriously.

I try not to make judgements about this guy as no one really knows what's going on beneath the surface, but there are several things that simply do not add up. BUT, I've decided not to get hung up on any of that.

 

Yes, we'll survive. We have a toddler too. It's just annoying that a mere 1.5 hours (great amount of time to park at the lake and have a coffee in the car) could and likely will derail us for probably a year or more.

They are leaving in November. Yes, I'm doing a second storey on the back part of the house. I figure me and 2 other carpenters can get it to lock up in 2-3 weeks fairly comfortably.

Thank you

 

I don't really understand this view of yours. You're the one asking for a favour from them. They don't have to legally offer you that access even without the covid reasons. And then they have a concern because of the current covid situation as well.

Are you judging them because they're not willing to give you that favour?

 

They are the non-negotiable terms of the lease.

It's not prescribed work, it can wait. https://www.nsw.gov.au/covid-19/rul...nd-cleaning#prescribed-work-that-is-necessary

If you're after a sympathetic ear, post it on Whirlpool or FB

Then you should know better. I wouldn't let any random tradie into my home in these times either, vaxxed or in full PPE.

 

The tenants have said ‘no’ to your request twice now - and you should respect that and wait until they leave.

In a covid environment, and being elderly and the husband unwell, they are probably doing the best they can to protect themselves.