All Topics / Help Needed! / lease agreement vrs title deed owner who has more rights in a court of law..?

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  • Profile photo of wisebeyondmyyearswisebeyondmyyears
    Participant
    @wisebeyondmyyears
    Join Date: 2015
    Post Count: 2

    I recently have been disturbed by some extremely rude neighbours.
    After asking them not to use a garage door they kept doing so. They claim that they needed to use it because they don’t have any keys. They don’t even have a car. They have a perfectly working front door.
    Now here’s the rudest part he said and I quote ” i’m leasers there for as long as I live here i’m the owner”
    now last time I checked a leaser can only use the property with out annoying other residents that live out side its walls
    now in a court of law who would have more legal ground me an title deed owner or some unwanted guess who is renting the property.
    I tried to get in contact with the owner through the real-estate however The real-estate doesn’t have an ABN which is a legal requirement to do business the property is poorly maintained.
    Now I just need to clarify that is it not a legal requirement to maintain a property..?
    isn’t A lease a document to allow usage ands can be revoked if they fail legal requirement..?
    ie not disturbing residents out side its walls using the roller garage door for no other reason other than to annoy / harass a next door neighbour.

    Profile photo of Steve_HSteve_H
    Participant
    @stevehank
    Join Date: 2015
    Post Count: 14

    I’m no lawyer but I would imagine the lifting of a roller door would not be a reasonable cause for complaint. If they had a car and wanted to put it in and out of the garage what would be the difference?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It seems you are an owner of the property next door and not the owner of the property they are renting. You seem to be talking about a noise complain which is different to a lease complaint. A lease can’t say that they must enter via a certain door. If they have leased the property they can use all of it without restriction.

    Why not just get in contact with council?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 3 posts - 1 through 3 (of 3 total)

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