vacating tenants request

I own a 2 story house that is divided into to units.
both have own entrance, bathroom, laundry etc.
upstairs/downstairs.

We have lived in upstairs portion and rented out downstairs over the last 5 years or more to 3 separate tenants with no issues

now we have moved house and have just leased our portion (upstairs) out to a single lady.

she moved in about 4 weeks ago, she has now asked to move out and break lease.

The reason is she feels like she has to tip toe around (noise downstairs), can hear downstairs talking and can't flush the toilet at night for fear of noise complaints downstairs.

downstairs tenant (has been there over 2 years) have complained once saying she has a child over who was thumping/banging things arounds.

Anyway, we have agreed for her to break her lease and move whenever she wants with no penalties and have given downstairs tenants notice to move as they were looking to move soon anyway and will rent it as a whole just to make things easier.

what the upstairs tenant is now asking is we waive 1-2 weeks rent to cover her costs of moving/time of work as she can't afford it

I have said to the agent "absolutely not, as we have not had any of her issues while we lived there so she is lucky we are letting her break lease with no notice period.'

The agent is passing this on but did not seem so keen on my decision, so after some other opinions.

The only other option if she kicks up a stink is to give the agent the option to waive their 1 week letting fee?

What do you think?

If she was a long term good tenant i would look after her but not a new tenant who i feel i am doing a favour
 
You were there for years with no complaints, then immediate noise complaints from both tenants once you rented.....
Is it true the noise insulation is so poor?
Or is the new tenant exaggerating it...?
Is there another problem - are the tenants getting along OK?

If it is an issue you may be better off just getting rid of them ASAP - help them move if you have to.....wear the loss.

If noise is a problem, renting the entire block is a good idea.

Can you improve the sound insulation at all...?
 
Thanks
Not legal but legally insured through ebm and rented through ray white

Not sound proofed but as I said only issue in 5 years is them asking my mum not to thump around when walking around (she stomps) when visiting but other then that I'm stay a home mum home all day and so is downstairs, we have both had babies at the same time with no noise complaints so can't see that there could be such big dramas

Definately going to rent it as a whole but don't feel I should have to pay her moving costs considering I could just not break her lease as believe she is exaggerating due to above explanation
 
Thanks
Not legal but legally insured through ebm and rented through ray white ... Definately going to rent it as a whole but don't feel I should have to pay her moving costs considering I could just not break her lease as believe she is exaggerating due to above explanation
Just be aware that if she digs her heels in and goes to QCAT, you're likely to be ordered to repay all the rent she's paid, as you had no legal right to rent it out to her.

If you're really unlucky, and your downstairs tenant got wind, you could also be ordered to repay the years of rent they've paid you, too.

That's without considering the possibility of prosecution. :eek:

I'd happily refund a week's rent to avoid this possibility.
 
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