Special lease conditions for subdivision

[theperthurbanist]

I am renting out the front house of my duplex development site whilst subdividing/building the rear block. As I'm self-managing the front rental I'm interested if anyone has has any examples of good special conditions/development clauses to put in the lease that will 'cover' me for the construction/subdivision.

I'm thinking things like:
*Formal acknowledgement that the property will be subdivided/construction will be occurring;
*Documentation of where the new boundary will be;
*Agree to provide access to property/rear property for contractors;

I could just make these up myself but as i'm still getting my head around the tenancies act (yes, I know this is essential) I figure if people had some conditions they 'knew' were legal that would be a better place to start.

 

[HD_ACE]

Can the rear section be fenced off yet to seperate and to define their area?

 

[fernfurn]

If there's only one access in, I would be very specific about access. Something like, must not park cars in driveway or obstruct driveway at any time. You dont want your tradies waiting while you try to find them to move their car etc.

 

[theperthurbanist]

If there's only one access in, I would be very specific about access. Something like, must not park cars in driveway or obstruct driveway at any time. You dont want your tradies waiting while you try to find them to move their car etc.

Good point. I'll add that one. Thnks.

 

[theperthurbanist]

Can the rear section be fenced off yet to seperate and to define their area?

Part of the rear could be accurately fenced off, however most of it will need to be redone later once the levels/retaining are finalised. The current tennant however has said that they don't see the need to have it fenced off, so it seems to me I shouldnt be spending money unescesarilly on it at this stage. I will however be providing a plan as an anexure to the least clearly indicati g property boundaries, and talk this through with the tenants.

 

[thatbum]

I will however be providing a plan as an anexure to the least clearly indicating property boundaries, and talk this through with the tenants.

To be honest, your best protection is to keep your tenants happy. There are just too many things that can happen during the process that arguably would breach a tenant's right to quiet enjoyment etc - so if they don't complain, that's probably the best defence.

 

[marg4000]

Agree with thatbum.

Your tenant is entitled to "quiet enjoyment" of the property. As you cannot provide this, you will be vulnerable to complaints to the rental authority.

I would suggest a reduced rental and full disclosure of future plans to any prospective tenant to ensure complaints are not made.

You can put whatever clauses in the lease that you like, but these may not stand up to RTA scrutiny in the event of a dispute. And may even cause YOU trouble if clauses contravene state laws.
Marg

 

[Tano]

I dropped the rent 20% since they were loosing all their yard and their piece of quiet . They temp loose the front lawn to due to building supplies.