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Tenant breaches – navigating challenging situations

By Brooke Croft

There are pros and cons; good times and bad times; ups and downs; wins and losses, with everything that we invest our time and money towards.

Property investing from a long-term perspective has had more pros, more good times, more ups, and more wins than the flipside. However, during our property investment journey, we often must navigate challenging situations, which can involve dealing with tenant breaches.

There are tenant breaches that are straightforward situations, easy to manage and enforce; such as failure to pay rent on time, malicious property damage, unauthorised alterations, or fixtures to the property without written consent, failure to maintain the lawns, gardens, or pool (if applicable), and failure to allow entry, to name a few.

However, there are also multiple tenant breaches that can be challenging to manage, mediate and resolve (if reported to our agency by a third party) that can result in parties becoming frustrated if immediate action is not taken.

Third-party complaints against a tenant regarding unauthorised pets at the property, interference with the quiet enjoyment of neighbours, illegal use of the property, parking on prohibited areas, and unapproved or additional occupants residing at the property are a few breaches that may not end up being straightforward if the tenant denies the allegations.  To successfully breach a tenant, you must have evidence.

While most tenant complaints/breaches are easily justified, it is important to understand that it can take time to prove the breach if a tenant becomes difficult.  If we are required to go to the property to justify the breach (legislation states that we must give prior written notice to enter), which can result in the breach being rectified by the tenant before we attend.

You can be confident that we take all complaints and breaches seriously. We are here to represent our clients to minimise any hassles where possible. As a managing agent, we are experienced in dealing with all tenancy matters… even the challenging situations.

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