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For those who believe I have not given the full story allow me to explain. I am on a disability pension and so brought a house with a granny flat to offset the high mortgage. I notified Centerlink and it is recorded, so there is really nothing he can do except attempt to cause mischief.
With the cigarette smoke we can’t work out exactly how it is coming into the bathroom it seems to either come through his opened window and then through mine, I have closed the window and that helped. However there appears to be nooks and crannies that it seems to seep into the upstairs areas. At times I have to walk away from the computer because it is so strong.
This man recently lost his sister and there appears to be issues with his children etc. and the violence has escalated since that time, abusing an 80 year old neighbours by threatening to wring his neck if he upset him again. He lacks any sort of normal consideration for others. He willingly agreed to the conditions on the lease and said in front of witnesses that he did not smoke and initialled the special clauses. I am a 59 year old woman who is doing the best I can to cope with being on a reduced income, renting out the granny flat was a way to offset that. It just did not work out this time.
I have been to the authorities and he will be served with an eviction notice within seven days for offensive and abusive behaviour. The police have been notified and we will get on with it and have it done.
I did the right thing and put in special clauses into the lease he however believes he is above that..I simply wanted what we agreed upon to be honoured and to be able to live with clean air…and that is my right it is my home afterall.
I want to thank those who have responded and especially those who were detached and offered clear and supportive information
Jan-Marie
Hi Sonya
My friend lives in a complex in which the no smoking is strickly enforced due to the cost of refurbishing etc.I believe if clauses are put into a lease and agreed upon at the time then they should be enforced and this on medical grounds in any case.
As far as the children are concerned I do not have a problem with them except it was the tennant who said they would only come every second Saturday and so it was put into the lease and if there was any variance to that agreement then it needed to be discussed and agreed upon. If he had come to me and said he wanted them to come I would simply have asked him to pay extra on the Electricity which was worked out on ONE person not three. It was entirely negotiable.
As I said I will check tomorrow with the authorities and then I will know for sure. However this has left a bad taste in my mouth I am more than likely going to put the house on the market rather than go through this again.
Jan-MarieThank you for those who have taken the time to reply.
Frankly I am not prepared to have someone in my space who abuses and threatens me. When he took the flat he told me he had given up smoking and agreed to the conditions.
Where are my rights in this? There are many places where it is written into the leases that it is a smoke free zone…why not here?
Anyway I will ring the relevant authorities tomorrow.
Thanks
Jan-Marie.
