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WA Can Tenant Claim Compensation For Improvements?

Discussion in 'Property Law Forum' started by Lauranne, 22 October 2015.

  1. Lauranne

    Lauranne Active Member

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    Hi, I have a question that I'm hoping someone can assist me with...My mother had a long term tenant as a boarder with her (in her house). She charged him $100pw under a written lease agreement.

    The tenant constructed a large colourbond shed, and later added an extension to it. He also undertook some renovations inside the house. My mother paid the tenant for the shed but not the extension, as she told him that she didn't want the extension. She also paid for the materials for the renovation to the inside of the house and assisted with the labour but did not pay him for the labour. Together they agreed that the long term low rent compensated for the tenant's labour.

    The agreement to perform the renovation was not in writing. No invoices or written agreements were produced for any of the works. My mother has the written tenancy agreement and evidence that she paid for the shed (without the extension). My mother and the tenant had an argument so he left. He is now seeking in excess of $100,000 in compensation (property not worth much more than $200,000).

    Does he have any tenants rights to compensation for his labour?

    Thanks in advance.
     
  2. JS79

    JS79 Well-Known Member

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    The tenant would have a hard time proving that your mother would be liable for the extension that the tenant undertook due to the fact that your mother did not give permission and expressly stated to him that she did not want it.

    As it is quite a big claim that the tenant is asking for, it would be advisable to contact a local lawyer who is specialised in property (tenant law) - see Get Connected with the Right Lawyer for You
     
  3. Lauranne

    Lauranne Active Member

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  4. Lauranne

    Lauranne Active Member

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    Thank you for your reply. She will be seeking legal counsel from a Lawyer. I didn't think a Tenant could claim compensation for improvements made to the property without the agreement in writing, invoices, recorded hours of labour etc.
     

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