Some of the properties that the court can deal with may include:
When determining whether a person is in contravention of s 21, s 22(1) of the ACL outlines the types of conduct that may be considered unconscionable by the courts which includes the following:
Using s 18E of the Home Building Act 1989 (NSW) as our example, a major defect is defined as a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance of the Code.
Generally speaking, for fixed term contracts of less than two years, a landlord cannot increase rent unless 60 days’ written notice has been provided, and that the rental agreement either specifies the increase in rent, or there is an outline of the method for which the increase will be calculated.
In circumstances where a co-tenant or co-tenants wish to end the tenancy relationship with another tenant, generally speaking, an application must be submitted to the relevant state or territory body, and must outline the special circumstances warranting the eviction of the person. However, it should be noted that common issues such as the person never doing the dishes for example may not be seen as a sufficient reason for evicting a co-tenant.
Damage from either a tree or branches may make the neighbour liable in negligence for any damages if the neighbour fails to address any dangers.
Before exploring in greater detail the laws surrounding easements, it’s probably a good starting point to clarify what exactly is an easement. Well, an easement gives a person the right to use a neighbour’s land without actual possession. So, having the right of way to pass through a neighbour’s land to get to yours is perhaps the most common example of an easement.
There’ll of course be circumstances where repairs are urgently required and there is no choice but for a tenant to arrange for repairs to be made immediately. A tenant may arrange for urgent repairs to be carried out to the rented property if the tenant:
It’s not unusual for a tenant to disagree with what the landlord may have written in a condition report, and in such a scenario, the tenant should make note of their disagreement. If it’s possible, taking photographic evidence may be a good idea and can be used as evidence for the tenant. It may also be handy to have the photo dated and signed by a witness in the event of a dispute. Additionally, a tenant can also apply to the relevant body to have the condition report amended.
There are various situations where the right to redeem in equity can be extinguished, and can be generally done so under the following circumstances:
Real estate agents or landlords can only list information on the tenant database under the following circumstances:
When a marriage comes to an end, there are a number of matters that need to be considered, with one of the biggest issues related to how property is to be dealt. Property matters can be dealt with privately or the court can issue a property order. In the event that the court has to make a decision in relation to a property order, there will be a process that will be undertaken which this piece will cover.
Can the landlord or real estate agent place a person on a tenant database without informing the person?
Landlords or real estate agents generally cannot list a person on a tenant database without first providing a tenant with an outline of the information they want listed, or take reasonable steps to provide the information to be listed to the tenant. In addition to providing the tenant with the relevant information to be listed, the real estate agent or landlord must give a tenant no less than 14 days to review and to respond to the information to be listed. Finally, if the tenant provides a response, the real estate agent or landlord must consider that response.
Residential tenancy agreements should have a number of standard terms, and generally speaking, such terms cannot be varied by a landlord.
Contact Eddy Neumann Lawyers on (02) 9264 9933 or