I thought you folks might enjoy this exchange of emails form one of my tenants. The tenant is not happy about the tenancy that started six weeks ago and has given notice. It is best read from the bottom up.
Glenn,
You are obviously confused with the wording and the legalities of the RTA, and from your past representations, other Acts which have legal relevance. The issue you raise encompasses two very different view points, one being the rights of the landlord, and the other being the tenants rights to quiet and peaceful enjoyment of the premises during the term of the tenancy.
Considering our circumstances I believe 48 hours notice for each visit is not unreasonable given that we conduct our business from the premises and many of our appointments and or meetings with clients are scheduled weeks ahead. To reschedule our activities to allow access to the property by the landlord at a "whim" or at a moments notice is totally out of the question. However, we are attempting to be more than reasonable and would suggest that should the owner wish to show the property, he phone us for a suitable time. In some cases it may be possible that viewings can actually occur in less than 48 hours. Obviously first you would have to find a tenant silly enough to rent this property for the outrageous weekly rental charged anyway, and our view is that this in itself will not result in steady streams of enquiries to your door. However should the landlord be able to locate any obviously mentally impaired person with the IQ of a carrot enquiring about renting this property, then I would suggest Mr Stain contact me direct to arrange a reasonable time to view. It is clear that due to the medically disadvantaged people that this property may in the off chance attract, 48 hours notice would in the circumstances be more than reasonable so that I could ensure that none of my clients or staff were present and placed in any uncomfortable position which may arise during the viewing.
Again, you are confused with the wording of the RTA in relation to approval for each and every visit. The Act appears quite clear, and based on legal precedent, that approval must be sought at the time of each entry.
I would welcome a judicial review of the whole basis of this promoted and arranged tenancy, a review of the market based rental applicable for a similar type property, and the condition of this property when I moved in and the resulting work undertaken to make the premises and grounds "reasonable" and habitable. Perhaps if you would wish to entertain this type of action, the question of reasonable notice for rights of entry could be explored by the Tenancy Tribunal at that time. As I say, I would welcome the input from a judicial review on all the circumstances of this tenancy and would urge you to please promptly apply for such action.
The Tenant
A requirement of 48 hours notice is unacceptable.
This is what is considered in the RTA as unreasonable.
You either follow the conditions as specified in the RTA or compensation will be sought through the court.
The act is quite clear. Access shall be provided by the tenant subject to such reasonable prior conditions being specified. Failure to permit this is considered an unlawful act.
The act makes no mention of approving each and every visit nor does it specify a time period.
I suggest you contact the Department of Building and Housing call centre and confirm this yourself.
Glenn
I have received your formal notice of end of Tenancy Confirmation delivered to our address, thank you.
1. Can you please advise in support any acceptance of your claim "prior consent conditions of entry" by myself. I have no knowledge what so ever of these supposed arrangements as promoted on your form.
As indicated, I have no problem with reasonable access to the property by the landlord to show prospective tenants following a customary 48 hours notice, subject only to first obtaining our approval to the date and time. I look forward to meeting the owner as landlord when conducting these arranged and agreed property visits.
2. In regard to your list of "Things to be done" as detailed on your form, again please supply verification of my acceptance of these terms. I have no intention of complying with these terms now attempted to be imported into our earlier contractual arrangements, other than to say that the property will be left in no worse cleanliness and / or condition than when we first moved in, and in line with the actual terms of the Tenancy Agreement completed on the 11th of March 2008. For the avoidance of doubt, any deviation from the original agreed terms of the formally completed Tenancy contract will not be honored.
I look forward to hearing from you.
The Tenant
Your notice is acknowledged.
We need access for the purposes of reletting.
I trust a phone call before bringing prospects around is satisfactory.
Glenn
Re: Tenancy Termination
Further to your response of today, we are now obliged to formally give notice of our intention to terminate the tenancy for the above property. We will be out by the afternoon of Saturday the 7th of June 2008.
Please confirm your receipt and acceptance of this termination by return.
The tenant
Glenn,
You are obviously confused with the wording and the legalities of the RTA, and from your past representations, other Acts which have legal relevance. The issue you raise encompasses two very different view points, one being the rights of the landlord, and the other being the tenants rights to quiet and peaceful enjoyment of the premises during the term of the tenancy.
Considering our circumstances I believe 48 hours notice for each visit is not unreasonable given that we conduct our business from the premises and many of our appointments and or meetings with clients are scheduled weeks ahead. To reschedule our activities to allow access to the property by the landlord at a "whim" or at a moments notice is totally out of the question. However, we are attempting to be more than reasonable and would suggest that should the owner wish to show the property, he phone us for a suitable time. In some cases it may be possible that viewings can actually occur in less than 48 hours. Obviously first you would have to find a tenant silly enough to rent this property for the outrageous weekly rental charged anyway, and our view is that this in itself will not result in steady streams of enquiries to your door. However should the landlord be able to locate any obviously mentally impaired person with the IQ of a carrot enquiring about renting this property, then I would suggest Mr Stain contact me direct to arrange a reasonable time to view. It is clear that due to the medically disadvantaged people that this property may in the off chance attract, 48 hours notice would in the circumstances be more than reasonable so that I could ensure that none of my clients or staff were present and placed in any uncomfortable position which may arise during the viewing.
Again, you are confused with the wording of the RTA in relation to approval for each and every visit. The Act appears quite clear, and based on legal precedent, that approval must be sought at the time of each entry.
I would welcome a judicial review of the whole basis of this promoted and arranged tenancy, a review of the market based rental applicable for a similar type property, and the condition of this property when I moved in and the resulting work undertaken to make the premises and grounds "reasonable" and habitable. Perhaps if you would wish to entertain this type of action, the question of reasonable notice for rights of entry could be explored by the Tenancy Tribunal at that time. As I say, I would welcome the input from a judicial review on all the circumstances of this tenancy and would urge you to please promptly apply for such action.
The Tenant
A requirement of 48 hours notice is unacceptable.
This is what is considered in the RTA as unreasonable.
You either follow the conditions as specified in the RTA or compensation will be sought through the court.
The act is quite clear. Access shall be provided by the tenant subject to such reasonable prior conditions being specified. Failure to permit this is considered an unlawful act.
The act makes no mention of approving each and every visit nor does it specify a time period.
I suggest you contact the Department of Building and Housing call centre and confirm this yourself.
Glenn
I have received your formal notice of end of Tenancy Confirmation delivered to our address, thank you.
1. Can you please advise in support any acceptance of your claim "prior consent conditions of entry" by myself. I have no knowledge what so ever of these supposed arrangements as promoted on your form.
As indicated, I have no problem with reasonable access to the property by the landlord to show prospective tenants following a customary 48 hours notice, subject only to first obtaining our approval to the date and time. I look forward to meeting the owner as landlord when conducting these arranged and agreed property visits.
2. In regard to your list of "Things to be done" as detailed on your form, again please supply verification of my acceptance of these terms. I have no intention of complying with these terms now attempted to be imported into our earlier contractual arrangements, other than to say that the property will be left in no worse cleanliness and / or condition than when we first moved in, and in line with the actual terms of the Tenancy Agreement completed on the 11th of March 2008. For the avoidance of doubt, any deviation from the original agreed terms of the formally completed Tenancy contract will not be honored.
I look forward to hearing from you.
The Tenant
Your notice is acknowledged.
We need access for the purposes of reletting.
I trust a phone call before bringing prospects around is satisfactory.
Glenn
Re: Tenancy Termination
Further to your response of today, we are now obliged to formally give notice of our intention to terminate the tenancy for the above property. We will be out by the afternoon of Saturday the 7th of June 2008.
Please confirm your receipt and acceptance of this termination by return.
The tenant
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