To issue breech or not?

Darn - can't find the toothpick FB page - it was there last year ...

p.s. We won't issue official breach - but notice to vacate went last week, and agent is sending a strongly worded "don't" letter today with a reminder we could kick them out with 24hrs notice if they do it again.

is you tenant under a residential tenancy lease?
if so...you can't kick him out.
 
p.s. We won't issue official breach - but notice to vacate went last week, and agent is sending a strongly worded "don't" letter today with a reminder we could kick them out with 24hrs notice if they do it again.


Can you kick them out because they talked to someone you told them not to?
Marg
 
Can you kick them out because they talked to someone you told them not to?
Marg

Yes ... It's a stipulated condition under their lease agreement that they are not to approach or interact with paying guests in any manner - ie, they can't use the pool if guests are using it - they can't go up to guests and talk to them etc.

I know it sounds harsh - but guests are paying good rates per night for privacy and relaxation (more than the tenants are paying per week) and don't want to be approached for a yarn by a bored, nerdy looking, 60 yr old dweeb that likes to have a whinge.

Okay - so can't kick them out in 24 hours - but can do so with 14 days.

http://www.tenants.org.au/factsheet-10-landlord-ends-agreement
 
I sure hope that this gentleman is not a "IT" nerd,and knows their way around the internet and has a basic understanding of tort law,because a quick search on goggle this post comes up..

2Q==
 
No he's not an IT nerd ... he spends his days playing golf ...

... and to add another layer ... he received his "notice to vacate" today and chatted nicely to the manager that it wasn't a problem and all is okay ... haven't issued breach, but agent has written to them to re-advise conditions of lease ...

... only for him to then head over to the neighbour friend (whom I say nothing more about) for a major whinge ... and the neighbour then rang the manager and went spare for a good 10 minutes about "how dare we evict xxx".

Sheesh - how do I attract these people? :confused:
 
that link doesn't work ... what post are you talking about? What did you google?

And what has tort law got to do with it ... the way I read the law - the tenant is in the wrong for breaching guests rights to tranquility and privacy - and interference with their contractual obligations

http://en.wikipedia.org/wiki/Tort_law_in_Australia


I sure hope that this gentleman is not a "IT" nerd,and knows their way around the internet and has a basic understanding of tort law,because a quick search on goggle this post comes up..

2Q==
 
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There are no privacy torts in Australia. Nuisance would be the closest one in this instance but talking to someone will be unlikely to meet the threshold regardless of what may be written into your lease.

I'd say ignore it and wait it out as there's every chance your clause would be deemed unenforceable, but that's contract law ;)
 
There are no privacy torts in Australia. Nuisance would be the closest one in this instance but talking to someone will be unlikely to meet the threshold regardless of what may be written into your lease.

I'd say ignore it and wait it out as there's every chance your clause would be deemed unenforceable, but that's contract law ;)

We are waiting it out ... five and a half weeks to go ...
 
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