I'd contact the landlord and let them know the destruction that's been done, because you want them to be able to get restitution from the tree trimmers.
And that gives them to chance to say oh no that was meant to happen.
And then you say well we should already have discussed the new rent with the loss of the high quality yard, when it's a good time for you?
If they don't cop to this being intended, you say well let's discuss rental reduction, so you can appropriately calculate the loss for going sheet the tree trimmers.
They can't legally build there while the property is tenanted because the yard is part of the lease AND is also not allowing the tenant quiet enjoyment of the property.
You can look on your local council website for planning applications. See if there is one for a new build at your address. That will at least answer if this was intentional or not
That's unfortunate. My next suggestion was to report to council as I know some in Vic are especially protective of any trees. But if their plan is approved, council won't care
My first thought is that's not trimming, that's clearing for a build. Maybe I'm cynical and it's overzealous gardners though.
Either way, VCAT will hear these disputes but there is a long wait and maybe not worth your time.
When is your lease up? I would be trying to get a rent reduction or the option to breaklease early. I doubt they will continue your lease anyway and having some flexibility around moving is pretty handy in the current rental market.
If they ARE wanting to build then I would guess it might suit them to let you out early too. Sorry you have to deal with this, that was a lovely garden.
Curious if the landlord knows what has happened?
That’s pretty devastating. Yes you’d have a case at VCAT for a reduction in rent, but it’s likely to be 5-10%.
Offset that against the risk of your lease not being renewed.
I would imagine the LL would be incensed by the damage done
Also yes the landlord would have been within their rights, but I highly and hopefully doubt they know what has happened.
You may want to attempt to breach the REA as a first attempt (form XX?)
Yeah I can’t say for sure if the landlord knows, my only guess if he does is that he plans on building a flat in the backyard, I’ll be making a few phone calls tomorrow I guess. Thank you for the advice though, I doubt we’ll be renewing the lease with this eyesore anyhow.
>End of the day if the owner wants to change the situation, they can and they will.
While they 'will', they can't remove or drastically alter functions of the property. Access and use of the backyard are part of the lease being paid for. Turning it into a mud pit, makes it unfit for use and substantially different from advertised.
This is one of the many ways tenancy laws are toothless tigers. The OP has a strong case to reduce rent (or even break the lease). But retaliation from the rental provider if they do want to stay is a real risk.
>Offset that against the risk of your lease not being renewed
If they're in Victoria, they can't be evicted on no grounds aka their lease not being renewed.
If your landlord is planning to build in breach of the lease agreement, you have some bargaining power. You can consider moving out when you're ready and fight to have your bond returned based on the breach of lease and diminished amenity. Document the situation to support your case.
Just thought I’d add a photo of what the garden now looks like during the day. Still waiting to hear from landlord about what’s been done but I’ll keep updating this post as it progresses.
https://i.imgur.com/whFGGkc.jpg
It really is. Really deceptive of the LL to say that is trimming. I'm a LL and cannot imagine doing this to my tenant. It is a dog act to destroy someone's home like that without proper notification.
Olandi lord is getting ready to put another Rental there I reckon. Get ready to be booted soon or to have a construction site going on in your back yard..
Unreasonable interference with right to quiet enjoyment. Seek compensation in the form of rent reduction until the works are completed. (I’m assuming these are half finished works.)
The amount of reduction you request should reflect your loss of the ability to use the space, the length of time, and the fact there was zero notice. (And also they lied about the reason they told you they were entering the premises, therefore they have breached their obligations to give notice of maintenance works.)
So, first step, seek info about WTAF they are doing. Then make your request for rental reduction based on that info. Then if they refuse, go to VCAT.
If they ignore your requests for info, just go to VCAT seeking a reduction of an amount you think is fair, reflecting current shitshow and the fact you have NFI how long it’s going on for, and they’ll have to explain themselves to the tribunal and you.
Example: I had a 20 per week reduction (and no increase for 12 months and counting) for some major remedial works to foundations in a strata complex, which resulted in me losing my ground floor courtyard for 8 months.
Thankfully my lessor agreed and it didn’t need to go to the tribunal for an order.
Yeah so I sent a letter of demand requesting a lease break without cost based on what’s happened as well as some other issues such as late repairs etc.
The only response so far has been them requesting a meeting be organised with him, his father and the property agent to discuss dates etc. Seeing as they requested this rather than flat out denying our request I’m cautiously optimistic about what the outcome will be.
Also sorry for not replying sooner, has been a stressful week trying to figure out what the best course of action is.
Was proper notice given for your state? The REA/ LL is supposed to give you x amount of days notice for non urgent works to be carried out. That might be something that also works in your favour.
Textbook move.
That's block clearing for sure. If you kick up and say youre not happy , they'll give you the offer to break the lease without consequence. Which may be their goal.
Allowing us to break the lease is all I’m hoping for at this point, going to see if they’ll pay for the move as well but I’m not going to hold my breath.
I'd look back at the rental advertisement (you can usually still find them online) and make sure the garden was part of the rental ad as extra evidence. If that demonstrates they advertised it that way, then they need to renegotiate rent. My mum just had her rental block cleared for a subdivide, but she lost her shed too, so they halved the rent.
Before you rush to VCAT as everyone is saying, call Tenants Victoria for free advice, you could get a small rent reduction but the court is not going to order the LL put the trees back.
Treeloppers occasionally cut down things not in the quote.
I would reach out to RAHU and see what they say, but I can’t imagine there’s a lot to be done here. You might be able to oppose a future rent increase on the grounds that the property you originally paid for is much less nice now.
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It depends, neighbours may have asked him to remove trees form there side. Then he decided to remove them altogether. In my experience renters don’t look after gardens and especially trees. They also clog up gutters so yeah when renting they are super painful.
I don’t think you’d have a case.
Yeah I got in touch with the agent, they’re acting mildly shocked as they are firm that they only thought some trimming would be carried out. I haven’t heard from the landlord himself yet though.
The cynic (realist) in me is saying agent knows all about it. LL would have spoken to them about property management of new places.
Or maybe LL blindsided them too ? Doubtful
Sorry you’re going through this upheaval OP
I'd contact the landlord and let them know the destruction that's been done, because you want them to be able to get restitution from the tree trimmers. And that gives them to chance to say oh no that was meant to happen. And then you say well we should already have discussed the new rent with the loss of the high quality yard, when it's a good time for you? If they don't cop to this being intended, you say well let's discuss rental reduction, so you can appropriately calculate the loss for going sheet the tree trimmers.
They can't legally build there while the property is tenanted because the yard is part of the lease AND is also not allowing the tenant quiet enjoyment of the property.
You can look on your local council website for planning applications. See if there is one for a new build at your address. That will at least answer if this was intentional or not
Thanks this answered that question at least, there’s an approved plan for a three lot subdivision on the property.
That's unfortunate. My next suggestion was to report to council as I know some in Vic are especially protective of any trees. But if their plan is approved, council won't care
The council only 'cares' about native trees anyway.
That's revolting. Surely it breaks rental laws?
My first thought is that's not trimming, that's clearing for a build. Maybe I'm cynical and it's overzealous gardners though. Either way, VCAT will hear these disputes but there is a long wait and maybe not worth your time.
Yeah.. granny flat build. My parents did that but gave the tenant in main house notice of plans and a discount during the build.
I don't see how a landlord could simply go and build part-way through a lease agreement. The garden is part of the lease.
They can't unless you agree
Or don’t disagree.
That's not how consent works.
I’m not saying it’s right, but if the tenant doesn’t push back, the landlord gets away with it.
When is your lease up? I would be trying to get a rent reduction or the option to breaklease early. I doubt they will continue your lease anyway and having some flexibility around moving is pretty handy in the current rental market. If they ARE wanting to build then I would guess it might suit them to let you out early too. Sorry you have to deal with this, that was a lovely garden.
Curious if the landlord knows what has happened? That’s pretty devastating. Yes you’d have a case at VCAT for a reduction in rent, but it’s likely to be 5-10%. Offset that against the risk of your lease not being renewed. I would imagine the LL would be incensed by the damage done Also yes the landlord would have been within their rights, but I highly and hopefully doubt they know what has happened. You may want to attempt to breach the REA as a first attempt (form XX?)
Yeah I can’t say for sure if the landlord knows, my only guess if he does is that he plans on building a flat in the backyard, I’ll be making a few phone calls tomorrow I guess. Thank you for the advice though, I doubt we’ll be renewing the lease with this eyesore anyhow.
I would email to have in writing
[удалено]
>End of the day if the owner wants to change the situation, they can and they will. While they 'will', they can't remove or drastically alter functions of the property. Access and use of the backyard are part of the lease being paid for. Turning it into a mud pit, makes it unfit for use and substantially different from advertised. This is one of the many ways tenancy laws are toothless tigers. The OP has a strong case to reduce rent (or even break the lease). But retaliation from the rental provider if they do want to stay is a real risk.
>Offset that against the risk of your lease not being renewed If they're in Victoria, they can't be evicted on no grounds aka their lease not being renewed.
Really? I wish Tasmania would get those protections.
If your landlord is planning to build in breach of the lease agreement, you have some bargaining power. You can consider moving out when you're ready and fight to have your bond returned based on the breach of lease and diminished amenity. Document the situation to support your case.
That is being cleared for sub-division.
Just thought I’d add a photo of what the garden now looks like during the day. Still waiting to hear from landlord about what’s been done but I’ll keep updating this post as it progresses. https://i.imgur.com/whFGGkc.jpg
Any before photos?
Oh that's awful.
It really is. Really deceptive of the LL to say that is trimming. I'm a LL and cannot imagine doing this to my tenant. It is a dog act to destroy someone's home like that without proper notification.
Yup. I too would move it looks bloody awful now.
If you have a driveway down one side of the property, odds are that old mate is planning a battleaxe or granny flat.
My professional legal advice, set your landlords house on fire
Olandi lord is getting ready to put another Rental there I reckon. Get ready to be booted soon or to have a construction site going on in your back yard..
Certainly seems that way sadly
I would be inclined to think that they're either getting DA or already have it.
He's planning to build a unit out the back now
Unreasonable interference with right to quiet enjoyment. Seek compensation in the form of rent reduction until the works are completed. (I’m assuming these are half finished works.) The amount of reduction you request should reflect your loss of the ability to use the space, the length of time, and the fact there was zero notice. (And also they lied about the reason they told you they were entering the premises, therefore they have breached their obligations to give notice of maintenance works.) So, first step, seek info about WTAF they are doing. Then make your request for rental reduction based on that info. Then if they refuse, go to VCAT. If they ignore your requests for info, just go to VCAT seeking a reduction of an amount you think is fair, reflecting current shitshow and the fact you have NFI how long it’s going on for, and they’ll have to explain themselves to the tribunal and you. Example: I had a 20 per week reduction (and no increase for 12 months and counting) for some major remedial works to foundations in a strata complex, which resulted in me losing my ground floor courtyard for 8 months. Thankfully my lessor agreed and it didn’t need to go to the tribunal for an order.
can you post updates on this as it progresses? I'm invested in this story. Honestly I would be calling Tracy Grimshaw
OP has a comment saying there's an approved 3 lot subdivision on the property, if you didn't see it.
For sure, still waiting to here back from the landlord.
You'll come home one day and there will be a granny flat there
This is a weird one, I would reach out to https://tenantsvic.org.au/ Maybe they have some history that could help.
Hopefully, I’ve been able to find nobody who’s posted about being in a similar situation even outside of Australia.
Any updates on landlord response OP?
Yeah so I sent a letter of demand requesting a lease break without cost based on what’s happened as well as some other issues such as late repairs etc. The only response so far has been them requesting a meeting be organised with him, his father and the property agent to discuss dates etc. Seeing as they requested this rather than flat out denying our request I’m cautiously optimistic about what the outcome will be. Also sorry for not replying sooner, has been a stressful week trying to figure out what the best course of action is.
Was proper notice given for your state? The REA/ LL is supposed to give you x amount of days notice for non urgent works to be carried out. That might be something that also works in your favour.
We were given at least a months notice. But we were told some trees would be trimmed, not that the whole backyard would be removed.
It looks like they’ve even taken half your garden bed. The plot thinnens…
Textbook move. That's block clearing for sure. If you kick up and say youre not happy , they'll give you the offer to break the lease without consequence. Which may be their goal.
Allowing us to break the lease is all I’m hoping for at this point, going to see if they’ll pay for the move as well but I’m not going to hold my breath.
I'd look back at the rental advertisement (you can usually still find them online) and make sure the garden was part of the rental ad as extra evidence. If that demonstrates they advertised it that way, then they need to renegotiate rent. My mum just had her rental block cleared for a subdivide, but she lost her shed too, so they halved the rent.
Before you rush to VCAT as everyone is saying, call Tenants Victoria for free advice, you could get a small rent reduction but the court is not going to order the LL put the trees back. Treeloppers occasionally cut down things not in the quote.
Have these saplings as restitution.
I would reach out to RAHU and see what they say, but I can’t imagine there’s a lot to be done here. You might be able to oppose a future rent increase on the grounds that the property you originally paid for is much less nice now.
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Just playing devils advocate, but what plants were removed? Were they noxious weeds?
Check the before and after pictures. The whole garden has been razed.
The only weed arguably would’ve been some of the devils ivy on the shed, other than that it was various fruit trees and shade trees.
It depends, neighbours may have asked him to remove trees form there side. Then he decided to remove them altogether. In my experience renters don’t look after gardens and especially trees. They also clog up gutters so yeah when renting they are super painful. I don’t think you’d have a case.
Did you look at the photos? They haven’t just removed all the trees, the entire backyard has been turned into a mud pit.
Have you heard back from the agent or LL, OP?
Yeah I got in touch with the agent, they’re acting mildly shocked as they are firm that they only thought some trimming would be carried out. I haven’t heard from the landlord himself yet though.
My prediction is the agent will be 'waiting to hear from the LL' for the rest of your tenancy...
The cynic (realist) in me is saying agent knows all about it. LL would have spoken to them about property management of new places. Or maybe LL blindsided them too ? Doubtful Sorry you’re going through this upheaval OP