All Topics / General Property / DA Approval and tennants in an existing property

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  • Profile photo of debimudebimu
    Join Date: 2011
    Post Count: 1

    I have an approval to build on existing property where I have tennants living there.
    Will I be allowed to build whilst they are there, as they leased the property with a garage and shed. Once the build starts the garage and shed will go, which will mean they will have no storage area and have nowhere to park only on the street.
    I have been told I may have to reduce their rent, or can I ask them to vacate before the end of the lease.
    Any help with this would be appreciated.

    Profile photo of Scott No MatesScott No Mates
    Join Date: 2005
    Post Count: 3,856

    in a standard residential lease, there is no demolition clause. The tenant is entitled to ‘quiet enjoyment’.

    If the garage fell over due to disrepair, it could be considered loss of amenity but wilful destruction would breach the lease.

    Wait until the lease nears expiry & either serve notice or negotiate a new lease acknowledging the works.

    Profile photo of RenoTeamRenoTeam
    Join Date: 2011
    Post Count: 92

    You’re best to advise the tenants of your plans and give them the option for reduced rent. How long until their lease expires? Each state has different laws regarding the serving of notice to tenants, so I’d check that out too :)


    Profile photo of devo76devo76
    Join Date: 2007
    Post Count: 542

    i have a property with tennants in both the house and granny flat.
    I am building an  additional house to the back plus some extension work and new garage on the existing house.
    I lowered the rent a little but at the time it was not really needed.
    But right now i have the house tennants moving out right as the extension is being made( think dismantled walls and crap everywhere).yes it is effecting my ability to find tennants. I am now dropping the rent a bit more during the construction phase. 1month max. granny flat tennant is happy.

    Profile photo of TiraTira
    Join Date: 2011
    Post Count: 2

    Not meaning to hijack your thread debimu – but I was wanting to contact devo76, as he seems to have some local knowledge, re Nowra. devo76 if you see this would you email me on: [email protected] please.

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