Tenants won't allow access

Discussion in 'Property Management' started by Dave-0, 29th Sep, 2021.

Join Australia's most dynamic and respected property investment community
  1. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    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!
     
  2. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,883
    Location:
    Brisbane
    I don't know the rules in your area or whether issuing en entry notice for this to be done would pass muster.

    If not, perhaps ask that they allow this requested 1.5 hour visit in exchange for not charging the one week break fee.

    If they agree, get it in writing including that if they refuse, the break fee will be charged.

    How much is it worth to you to get your draftsman in there?
     
    Rugrat and Dave-0 like this.
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,420
    Location:
    Australia wide
    You have given them exclusive possession so they don't have to allow access to 3rd parties for things like this.
     
    jared7825, Rugrat, thatbum and 3 others like this.
  4. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,746
    Location:
    Melbourne
    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?
     
  5. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    Good thought. Its definitely worth a week's rent to get it done and move on with life.
     
    Hamish84 likes this.
  6. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    Thank you. Yes, I begrudgingly arrived at that conclusion.
     
  7. boganfromlogan

    boganfromlogan Well-Known Member

    Joined:
    10th Jan, 2017
    Posts:
    3,332
    Location:
    Brisbane
    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.
     
  8. Hamish84

    Hamish84 Well-Known Member

    Joined:
    7th Sep, 2021
    Posts:
    678
    Location:
    Melbourne,Vic
    No one at the house while the third party is there (ie the draftsman), is how I read it.
     
    Tom Rivera and Dave-0 like this.
  9. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    24,901
    Location:
    Vaucluse, Sydney.
    I feel your frustration . Some tenants are just nightmares.
     
    Dave-0 likes this.
  10. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    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.
     
  11. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,883
    Location:
    Brisbane
    I agree. If the toilet breaks, will they allow in a plumber?

    It is asking more of them than they need to allow, but if the draftsman is allowed there, on his own, without breaking any covid rules, they might just think a week's rent is worth allowing him in for 1.5 hours.

    If the husband is so sick he can't go out for 1.5 hours how will he handle moving house?
     
    Tom Rivera and Dave-0 like this.
  12. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    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.
     
    Hamish84, wylie and Sackie like this.
  13. boganfromlogan

    boganfromlogan Well-Known Member

    Joined:
    10th Jan, 2017
    Posts:
    3,332
    Location:
    Brisbane
    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!!
     
    Hamish84 likes this.
  14. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    24,901
    Location:
    Vaucluse, Sydney.
    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.
     
    Hamish84 and Dave-0 like this.
  15. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    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.
     
    Stoffo and Terry_w like this.
  16. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,883
    Location:
    Brisbane
    If they don't agree, then you'll get by with a boy about to go into kindy. He is small and I'm sure there's enough room for you all.

    Good luck. You sound like you are being fair-minded about this. When do they leave?

    Will you be doing the extension yourself?
     
    Sackie, boganfromlogan and Dave-0 like this.
  17. Dave-0

    Dave-0 Member

    Joined:
    29th Sep, 2021
    Posts:
    9
    Location:
    Sydney
    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
     
    boganfromlogan likes this.
  18. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,735
    Location:
    Perth, WA
    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?
     
    jared7825, ff3, PinkPanther and 2 others like this.
  19. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    26,976
    Location:
    Sydney or NSW or Australia
    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.
     
    jared7825, pwnitat0r, Stoffo and 3 others like this.
  20. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,746
    Location:
    Melbourne
    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.