Some Questions Regarding Annoying Real Estate Agent / Landlord

I'll try and keep it simple.

When we first inspected the rental that we now live in(which has 2 separate houses on it and share a driveway), the agent told us not to worry as the landlord does not live in the other house. We find out later after moving in that while the landlord doesn't live there, his mother does, and the landlord visits everyday, sometimes multiple times. Flying up and down the driveway like a drag strip. Sometimes blocking the driveway, or access to our garage. The landlord and his family avoid saying hello or making eye contact. They are a bit odd. It seems as though this is some passive aggressive behaviour to show us that while we are renting, it is their property. I feel we were mislead by the agent in mentioning that the landlord doesn't live in the other property, while technically true, she omitted the connection to the person who does live there and the fact the landlord will be around everyday.

Now occasionally the real estate has told us certain parts need to be maintained, fair enough. They claim they noticed the areas needing maintenance on one of their "drive by" inspections. This is nonsense, as areas they mentioned cannot be seen by driving past, they can however been seen if you are a sticky beak and stick your head over the fence from the other property. I also doubt they do any drive by's because the property and the real estate office are a pretty decent drive away and they can't even be bothered to turn up for the inspections that they organise themselves.

So I feel the landlord is being trivial with some complaints, the real estate doesn't check for themselves and just sends us sensationally worded and exaggerated emails. I really do feel it is petty, or perhaps an ulterior motive(like get us out and jack the price up etc). On the flip side, the real estate is rather unresponsive to us when we contact them about certain things, to the point that something that has never worked since moving in has not been fixed or acknowledged after bringing it to their attention 3 times.

So I am at the point where I am losing whatever patience I've had and feel I should bring up everything that bothers us, from certain things not working, to the landlord and their family/friends treating the driveway like a race track, and down to the trivial things.

What do you guys think? How would you go about it?

Comments

  • +14

    I'd say move out, why bother living in a stressful environment? these changes that you are expecting, won't happen overnight or over a single notice. you may win this round if you complain enough but I bet they'll make sure you won't live in peace.

  • +13

    Depending on state you can send the agent a breach of duty notice for not allowing you "quiet enjoyment" of your rental.
    If they continue to clearly breach your rights by looking over fence etc, you can send another, when you have sent 3 you can apply to have the lease broken at no cost to you for the repeated breaches.

    One of my investment properties is similar to yours, we lived in the back one and rented front for a while, i wouldn't even look inside the garage if i was walking past so as not to breach the tenants rights, stand up for what your legal rights are and send a breach.

    • +3

      One of my investment properties is similar to yours, we lived in the back one and rented front for a while, i wouldn't even look inside the garage if i was walking past so as not to breach the tenants rights, stand up for what your legal rights are and send a breach.

      You're a good bloke/lass

    • I can't imagine that having your neighbour look over the fence (from their side) would constitute a breach of quiet enjoyment.

      • It actually does … well it does when you are (landlord) reporting issues to the agent for rectification.
        You can not find those issues without impeding on the quiet enjoyment of the tenant, and the breaches / requests for work to be done being sent to the tenant from the agent all form part of this. (evidence they are snooping)

        • It depends on the snooping. Landlords need to give notice to inspect, but a neighbour looking over the fence isn't a legal issue. Any other neighbour can do the same thing and it would be perfectly fine.

          Having the agent chase up issues also is not a breach unless it's unreasonable. OP doesn't deny that the areas that should be maintained aren't a problem.

          • +1

            @HighAndDry: As a landlord with multiple properties i beg to differ and am 100% certain any governing body would take the tenants side in any dispute.

            • +1

              @jimbobaus: Literally not even the landlord looking over the fence. It's like if your tenant's neighbour had too much free time, was looking at their yard, and emailing you about it.

        • There is no reasonable expectation of privacy in NSW for a backyard that isn’t enclosed. It isn’t unlawful for OP’s neighbour to look over the fence or listen to what OP is doing.

          • @whooah1979: Over the fence = Enclosed

            • @jimbobaus: No.

              The neighbour may look over the fence a number of ways. From on top of a ladder, from a second floor window, climb a tree, standing on milk crates, on top of a flat top ute, etc. None of these options are unlawful.

              OP's privacy isn't protect if they're outside in backyard.

              • @whooah1979: As an investor in both Vic and NSW i can tell you without any doubt
                if my mother lives in my home and my tenants live in the front home, if she looks over the fence and reports back to me and i report to agent and they send a notice to do XXX by XXX then i as the landlord have breached my duty under the act to allow for "quiet enjoyment"

                We are not talking about on a ladder etc i am talking about breaches of duty under the act and i can tell you no court would not find in favour of a tenant under the OP's situation

                • @jimbobaus: Can please provide a link to a case law that supports your claim?

                  • @whooah1979: No i am sure you know how to use Google.

                    Mate i am not going to continue debating you on something you clearly do not understand.
                    we are not discussing privacy, we are talking about tenants rights under the act.

                    • @jimbobaus: I should add that I am not particular bothered if they do look in and notice something needing attention(other than the part where I feel mislead about the landlord being around daily).

  • +2

    Leave baby shark playing at home whilst you are at work

  • dont landlords pay for maintenance and repairs?

    • Well, they are supposed to.

  • +3

    I would move out as soon as I could. I used to have a snoopy landlord.

  • +1

    Try to possibly set up a camera around the back to catch them peaking.
    Don't landlords have to provide you 24hrs notice before inspecting the property?

    Ultimately, your going to be doing "tic for tac" with the landlord via the realestate, you should just lay it all out to your property manager and tell them that you feel that weren't honest when you initially inspected the house regarding the landlord.

    • ..tic tacs?
      try 'tit for tat' :D

  • +1

    It is best that you move out soon.

  • +1

    Put up with it or leave. Speak to the tenants association or the like for assistance. If you have written to the agent and getting no action send to the his manager. At the of the day the agent actually works in the agents interest. So it will be an uphill battle if the owners are not reasonable.

    If they leave the car in the drive put a note on windscreen to move car please and take picture and send to agent. Fix the stuff the agent requests if minor and send pictures back showing it's done. I know it's frustrating, but also sometime from an owners point of view there are bad tenants. Or those that don't take care of the property.

    • It just seems so weird and impersonal to put a note on the car/s. These people will get out of their car metres from you(if we are outside) and avoid eye contact like an awkward teenager. I will contact the tenants association like you suggested.

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