Long story short when the property was open for inspection for tenants to inspect, our neighbour walked in and started talking to them and saying that property got pests and is not livable and putting people off to lease that out.
This is our new investment we are leasing this property for the first time and we do not know the neighbour hood at all. Is this legal and what can be done to safeguard our interest.
Are you leasing through an agent? If so take it up with them.
If not tell them to get off your property and to piss off.
yes I'm leasing through agent and they advised him to leave but he did not listen.
Then he is trespassing and can be arrested. If he was not welcomed there and you asked him o leave and they did not, this is trespass and you should call the police next time.
Firstly, try and find out why the neighbour is saying the things they are. Does your property actually have pests and other issues? If you do, I suggest that you fix those issues before trying to rent your property.
Sure, if the neighbour is completely making things up, then I'm on your side, but why would they waste their time doing that? If they are right and there is indeed the issues they state, don't you think the tenants have a right to know?
I totally agree with you but we have just settled with this property and we won't buy thinking its pest infected. This neighbour we have never dealt with and we don't know why he is doing that? But is it illegal?
you done b&p ?
The act of gong onto someone else’s property, uninvited, is “illegal” and is a criminal offence.
Talking smack about someone’s property is a civil matter. So, he is talking shit. While ever he does that from the other side of the fence, no problem. You can call the police and say that he is being an arsehole. Probably the reason the last people left that property, but you are best seeking advice from a legal professional, not a bunch of armchair lawyers on OzB.
What may be illegal is if you can find proof that what he is saying is damaging your reputation and your ability to conduct a financial transaction. This may come under slander/libel laws. But again, seek the opinion of a real lawyer and see what your options are.
If he sets foot on your property again, get your camera out, film him on there, film yourself politely asking him to leave, film him saying no. Take that to the police and tell them you want him charged with trespass.
But be warned, this guy sounds unstable and a little mentally deficient. He may be on drugs or have a mental disorder, so getting the police involved my only escalate the issue. So, tread carefully…
And seek a real lawyer…
The trespassing is illegal - if he does that again, you can call the police and collect evidence. Him saying XYZ about your property is not criminal, i.e. if he starts talking about your property on a public space, e.g. the footpath in front of your house, the police are not going to come and arrest him. It's a civil matter, whether that's even worth pursuing is up to you.
Again, as I said earlier, the best way to resolve the issue is to talk to your neighbour and see why he's saying the things he is. I say this because taking him to court and/or threatening him isn't really in your best interest. Do you really want to wage a war with the guy you share a fence with? Unless he's crazy or you've done something serious to piss him off, I can't think of why he would want to waste his time to tell your potential tenants about flaws in your property unless those flaws are genuinely true. Try sorting it out amicably first.
That is illegal, talk to a lawyer send him an official looking letter threatening legal action