Can my landlord do this?

[td91]

I'm currently renting place that has a very large section.

My landlord plans to start construction on a house on the back and the front in late October. However I'm often at home or come home to find builders, council workers etc on the site. When I ask them who gave them permission they said that the landlord has said it's fine for them to come on to the section anytime.

This morning I looked out the window of my lounge to see someone spray painting markings and digging up parts of the section I went out and asked what he was doing, he said he was from the company who is building the houses and the landlord (again) had given him permission to go on site.

My question is, should I be notified of this? I don't particularly like the idea of people coming on to my property as they please because my landlord has said it's fine.

[flyernzl]

No he can't.

Assuming that you have a fairly standard residential tenancy agreement, and also assuming that the Landlord made no mention of any restrictions on the amount of section that you are renting, your rental agreement will include all of the section.

My suggestion is for you to download a 14 day notice tenant-to-landlord from the DBH website, fill out the form requesting him to cease and desist this activity, and serve it on the Landlord (make sure you keep a copy, and note the date and method of service).

Note that the Landlord may well issue you with a 90 day notice to terminate the tenancy, and if he does this after you have served the 14 day notice on him it is probable that Tenancy services would rule that this is retaliatoryand therefore invalid.

[cube]

Or you negotiate a reduction in rent to account for the increased noise and inconvenience and reduced facilities (use of the section)

Or you move somewhere else.

I somehow don't think going to the tribunal is going to stop a major building project, so make the most of if while you can.

[td91]

I am looking at moving options.

Haven't really been kept in the loop about this building thing happening. All the information about it has been given to me through the people who have come on site. I would prefer a call from the landlord saying something along the lines of "Over the next few weeks there will be a people coming on site to assess it all before we start construction, is this ok?" I would do the same thing for my tenants.

[Adam Williams]

You can apply to the tribunal for compensation for loss of quiet and enjoyment. He has failed to notify you officially so is in breech of the Tenancy agreement with you. He has also failed to provide you with notice that work will be commencing on the property. Did he notify you at all of his intentions of sub-dividing when you moved in?

You are legally allowed to ask anyone coming onto the property without notice to leave, until such times he sends you notification of at least 24-48 hours of people visiting and date and time.

[Wayne]

you should at least get a reduction in rent since you will have less property to rent.

[ernieearnshaw]

you should at least get a reduction in rent since you will have less property to rent.

I agree, you signed a lease of the property, not only part of it. If the landlord wants to decrease the size of the land you are renting, its only fair they decrease the rent too.

[Wayne]

I recently subdivided a section. The tenant at the start was told what was going to happen and that they had free use of ALL the section until I needed it then they would have x amount.
I also told them when a person (say surveyor) would b around etc.
They seem happy with the outcome in the end.

[flyernzl]

The tenant at the start was told what was going to happen . . .

That's the crucial difference between your situation and that of td91.

[Wayne]

That's the crucial difference between your situation and that of td91.

yip - communication! (And a bit of honesty for good measure.)

[PTILoveYou]

Interesting thing is the tenancy agreements usually just mention what address the tenanted property is at, with a defined street number.

So if the land got chopped in half, the street number is still the same though.

But I agree if this goes to TT the landlord will be in trouble.

I guess the landlord should have talked to the tenant to ease the concern before work start.

[Wayne]

I guess the landlord should have talked to the tenant to ease the concern before work start.

you guess right - talking these sorts of thing over before hand smooths the way. Good communication is the key. Once you have someones back up it is a lot harder to sort things out.

[PTILoveYou]

you guess right - talking these sorts of thing over before hand smooths the way. Good communication is the key. Once you have someones back up it is a lot harder to sort things out.

Yeah that's right, communication has solved so many little issues for me in the past.

[td91]

Have handed my notice into my landlord.

Landlord didn't seem to care that I wasn't happy with what they have been doing, so I'm off - their loss!

[revdev]

^ Take some solace that the LL will find it very difficult to rent the place out, with any construction work going on.