lease question - additional people

From: Rosemary McKenzie

We have a one year lease with our tenants (Sept 2001) for the couple and their two children.

Just on 8 weeks ago they asked permission for her sister to live in a caravan at the property for a short period of time - defined as less than 3 months, while she found a job.

The caravan doesn't have separate facilities so all "non-sleeping" type activities are dependent upon the house.

Question is - what are options do we have available to us if the sister doesn't move on?
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Reply: 1
From: Joanna K


Ask your tenant to put their request in writing to you outlining exactly when the sister will be there and exactly what date the sister will be moving on...

You respond to that letter in writing saying "Yes, on the condition that the sister vacate on X date with no extentions. Have your tenant sign your response letter confirming acknowledgement of your conditions!

If the sister doesn't move on by that date then your tenants are breaking their lease. If you're in NSW they'd be breaking the clause on Part 1 Page 1 where it stipulates the number of people allowed to occupy the property, and also clause 21.

Bear in mind that Clause 22 states that the landlord agrees not to charge for giving permission to sublet.

Hope this answers your question.

Kind regards

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