NSW Tenant Rights??

[hach_bee]

So... the situation: Im sharehousing with a couple of people (some students, some not) and our landlord also lives on the premises. Tonight arose a conflict when the landlord was wanting to watch a particular TV show (I know, petty right?) and majority (3:1) wanted to watch another, in public domain (that is, lounge room). Consequently, he decided to go and watch said show in a tenants room... that tenant was not home at the time.

So, my other housemate and I decided we felt it was right to let that tenant know that the landlord had entered his room and was touching his belongings without the tenant's permission... to which the tenant called the landlord informing him to remove himself from his property. Landlord had a go at me, and I stuck by the fact that the other tenant had a right to know who was entering his legal property.

Does anyone know the legal implications of this at all? Cos I'd be really interested to know, we have all signed written contracts for our housing and so I'm guessing the NSW Tenant's Residential Act applies??

What would you do???

 

[Cypher]

My first thought is that you should be doing something better than watching TV. Seriously - the best share house I lived in allowed no TVs in public spaces; it meant that we talked to each other. To this day (10 years on) I still prefer no TV - and don't own one. Night riding, gym, going for walks, cooking properly, the library, meeting up with friends...these are all things you can do when you are not watching tele.

Clearly the landlord still feels 'ownership' over the house even though he has let out the rooms of his house.

You could go legal eagle on the guy, but I think it would just break down the relationship further. It would also take a long time, and for a small thing probably not worth it. Tennants do have a lot of rights, but they do take some time to enforce. The NSW Rental Tribunal is a slow, ponderous beast.

Communication is the key. At least your landlord knows that it is really not OK to go into your private rooms from now on. If he really doesn't like it he should buy his own TV for his room - they are not that expenive these days (if you don't get one of those mega mega TVs)

 

[Dozer]

Communication is the key. At least your landlord knows that it is really not OK to go into your private rooms from now on. If he really doesn't like it he should buy his own TV for his room - they are not that expenive these days (if you don't get one of those mega mega TVs)

Talk it through. The dude shouldn't have gone into anyone's room and he should feel like a knob for doing it. If someone did it to my stuff I would spew in the air conditioner vents of their car. As far as I know, the landlord can only enter the premises when it is approved by the tenants.

 

[harmonix1234]

As far as I know, the landlord can only enter the premises when it is approved by the tenants.

*Edit* I misread the OP. I didn't realise you lived with the landlord.
Please ignore rant below as I have no idea how that works.

This is true, and they must provide a minimum amount of notice as stipulated in the lease.

1 - He was NOT allowed in the persons room without consent
2 - He was not allowed to touch their belongings
3 - It's only once, it's only a TV show, and it's only a TV that he touched

I don't mean to belittle your situation, just saying that a firm word of common sense to the landlord and a little conversation is all that should be required.

Let him know that it's not on, it shows a lack of respect, a breach of privacy, a lack of professionalism, and that it won't happen again.

He cannot argue with that.

The REINSW (Real Estate Institute of NSW) states clearly:

TENANTS RIGHT TO QUIET ENJOYMENT
Section #14 - The Landlord Agrees
14.1 that the tenant will have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord (such as a head landlord), and

14.2 the landlord or the landlords agent will not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises, and

14.3 that the landlord or the landlords agent will take all reasonable steps to ensure that the other landlords neighbouring tenants do not interfere with the reasonable peace, comfort privacy of the tenant in using the residential premises.

LANDLORDS ACCESS TO THE PREMISES
#23 - The Landlord agrees that the landlord, the landlords agent or any person authorised in writing by the landlord, during the currency of this agreement, may only enter the residential premises in the following circumstances"
23.1 blah blah blah
23.2 blah blah blah
23.3 blah blah blah
23.4 blah blah blah
23.5 to inspect the premises, if the tenant is given at least 7 days written notice (no more than 4 inspections are allowed in a 12 month period).

24.1 The landlord agrees that they must not enter the premises on a Sunday, or a public holiday unless the tenant agrees, and
24.2 may only enter the premises between the hours of 8am and 8pm.

By law 8 - The tenant must take all reasonable steps to ensure that invitees of the tenant do not behave in a manner likely to interfere with the peaceful enjoyment of the tenant of another flat, or any person lawfully using the common area.

So, if the sow was on after 8 o'clock, kick 'em out the door haha. Just joking.

 

[scblack]

This issue is not entirely tenant rights.

Effectively you are sharing a house with the owner. You guys are not renting the entire property. If you had a contract with the owner, and were living there independent of the owner, the owner could not enter the premises without permission, or at least decent notice for an inspection.

However, this is not the same. The owner lives on the property and therefore can go where he pleases. To a limit.

He can be said to be beyond RUDE for entering someone elses room, but thats not illegal in this case. This is an issue of common decency and sharing of space, and entering someone's personal domain. Entering the room is wrong but not illegal.

You'll have to talk about it as a group and set the boundaries as an agreement. The owner has rented the rooms out to you guys and therefore has to accept them as personal space.

This is typical share house dynamics at work. Complicated only a little by the owner being one of the people sharing.

 

[Binaural]

All the detail you ever wanted -
http://www.tenants.org.au/publish/factsheets/

 

[hach_bee]

Talk it through. The dude shouldn't have gone into anyone's room and he should feel like a knob for doing it. If someone did it to my stuff I would spew in the air conditioner vents of their car. As far as I know, the landlord can only enter the premises when it is approved by the tenants.

Knob, agreed. He doesn't see that he was wrong in doing so... that's the part that pisses me off. Thanks for the info guys!

 

[skwiz05]

In this case, he is landlord in so far as he collects rent.....
But, he is the same as the rest of you in that you all live in the same residence, effectively making him no different from one of the other housemates. Nothing to legally stop him, or another housemate entering ANY room in the house.

Its a case of morals here only. And any "gentlemans" agreement to house rules. Good luck.

 

[Ben-e]

This issue is not entirely tenant rights.

Effectively you are sharing a house with the owner. You guys are not renting the entire property. If you had a contract with the owner, and were living there independent of the owner, the owner could not enter the premises without permission, or at least decent notice for an inspection.

Bingo! - There is definitely some grey area in this situation. Its a question of drawing a distinction between landlord and tenant, for example if he were not the owner/landlord, chances are you wouldn't have a problem with him watching the tele in tenants room, but the reality is, he should have known better. I don't really think he's done anything that bad, just guilty of being ignorant perhaps. Unless the owner has done something completely terrible, which they haven't by the sounds of things, I would just cool it and try to resolve the situation between yourselves. In my experience, landlords can make life very difficult for tenants, its just not worth the hassle.

 

[hach_bee]

This guy has zero social skill. He stayed in the room and ate his dinner there after the roommate who owned it told him to get out...think it calls for a 'house meeting' haha Dr Phil invention style!

 

[Oliver.]

So... the situation: Im sharehousing with a couple of people (some students, some not) and our landlord also lives on the premises. Tonight arose a conflict when the landlord was wanting to watch a particular TV show (I know, petty right?) and majority (3:1) wanted to watch another, in public domain (that is, lounge room). [This is not public domain, it's private property which is owned by the landlord. Given the landlord lives on the premises along with the other tenants, said landlord has the same rights to enjoy the aforementioned area as all others.]Consequently, he decided to go and watch said show in a tenants room... that tenant was not home at the time. [Had the tenant been home, the issue of quiet enjoyment of land would arise. However, since the tenant was not occupying the premises at the time, it cannot be suggested that the landlord did acts that impacted on the tenants quiet enjoyment.....because he wasn't there.]

So, my other housemate and I decided we felt it was right to let that tenant know that the landlord had entered his room and was touching his belongings without the tenant's permission... [touching what belongings, exactly? If he turned on the TV, it does not seem like a reasonable extension of using someone elses property without permission (basically, the issue is far too small to give rise to a property right that would be enforceable at law.]to which the tenant called the landlord informing him to remove himself from his property. [this is reasonable, but since you all live in the same house, it's a bit of a stretch. Technically, he has a right to tell the landlord to 'get out of his room', but that's about it.Landlord had a go at me, and I stuck by the fact that the other tenant had a right to know who was entering his legal property.

Does anyone know the legal implications of this at all? Cos I'd be really interested to know, we have all signed written contracts for our housing and so I'm guessing the NSW Tenant's Residential Act applies?? [in my opinion, if you tried to take this matter any further, it would simply get thrown out of court for being petty. So, to put the matter bluntly, you have no practical legal redress.

What would you do???[discuss, agree to conditions. If this is all about wanting to watch a TV show, then why don't you just let him use the second TV...even if it's in a "tenants" room. You all live in the same house, so it just seem like a bit of a fuss about nothing much.]

..........................

 

[leitch]

..........................

Yep.

Seriously... The dude may be a bit of a dick, but you're living in his house. Sure, under the RTA guidelines they have to give 'x' number of days notice for an 'inspection' etc, but realistically, if you replaced "landlord" in your story with "housemate" (of which he is both), the only answer remains the same:

It's not a big deal. If the dude who the second TV belongs to is that much of an uptight twat that someone watching his TV while he IS NOT AT HOME bothers him so much, he can either find a new house to live in, or just talk it out with the landlord/housemate.. You know.. "I don't mind if you want to watch my TV when I'm home but I'd rather you didn't enter my room when I'm not around."

 

[0psi]

I don't think there would have been a problem if the 'landlord' had the common decency to ask first. I'm a pretty easy going kinda guy and wouldn't care if a housemate gave me a call and asked if he could raid my room to watch TV, no probs. But I'd feel a bit violated if I found that someone had been in my room without my knowledge.

 

[fattyandthepiemakers]

What were the two TV shows?

 

[leitch]

I'd feel a bit violated if I found that someone had been in my room without my knowledge.

Me too, but I wouldn't be thinking about legal recourse..

 

[Drew.]

 

[0psi]

Me too, but I wouldn't be thinking about legal recourse..

From what I've read it was more the actions that followed as the landlord seemed to dismissed the tennants concerns and had the 'it's my house I'll do what I like' attitude towards it.

 

[hach_bee]

Me too, but I wouldn't be thinking about legal recourse..

I never said I was gunna take it to court! was just curious, just to get it clear, it's NOT something Im pursuing further. If he did that to my room I would all but rip his head off...

From what I've read it was more the actions that followed as the landlord seemed to dismissed the tennants concerns and had the 'it's my house I'll do what I like' attitude towards it.

Bingo. And it's not that the other guy is uptight about other people being in his room, but the landlord is a constant pain in the ass and the rest of us are good friends, it's only the landlord that my roommate has a problem with entering his room cos he (in fact) all of us don't get along with him well at all...

What were the two TV shows?

Hahah How I Met Your Mother vs. 2 and a Half Men

 

[Drew.]

Hahah How I Met Your Mother vs. 2 and a Half Men

No brainer. How I met your mother, for sure.

 

[hach_bee]

SO I WAS RIGHT!! Haha yeah 2 and a half was his show