NSW Expired Lease - Tenant had Others Living in the House?

[NikiB]

My 3-bedroom house has recently been vacated by my tenants who lived on the premises for about 7 years. Whilst they were living there, the lease (for 2 people) had expired years ago, however, the property manager had misled me to believe that the lease had been renewed each time, when in fact it had not.

The tenant was actually paying on a month by month basis. I have recently found out that there were more people living in the house without my knowledge or consent since I have been receiving mail for people that were not on the original lease (6 people so far).

A neighbour has informed me that the main tenant was not even living in the house. Was it legal for my tenant to have other people living in the house without my knowledge or consent even though the lease had expired? Is this considered sub-letting?

 

[Rod]

What damage did you incur or what compensation are you seeking?

 

[NikiB]

The property was extremely run down. The ceiling gyprock was damaged due to water leaking from the roof which was never reported. Mould almost completely covering the ceiling in the bathroom and laundry. Carpets removed without permission. Skirting boards almost completely detached from the walls. Shelves within inbuilt wardrobes hanging off, blinds and curtains completely removed and more...

I accept that much of it is wear and tear, however I believe it is much more than 2 people would cause as opposed to 6-7 people. I also believe that the property manager was deceitful about the lease being renewed and mismanaged my property. I am trying to understand if my tenant had rights by law to allow more people to live in the property without my permission.

I am commencing renovations soon and would like to know either if I could ask for compensation from the property manager for the mismanagement and neglect of my property, or from the tenant for having so many people living in the house without my consent.

 

[Rod]

I'd be reading the agent agreement and checking carefully for what it says they will do.

I'd checking the lease to see if regular inspections were provided for.

Then I'd send a 'pls explain' letter to the agent.

Then I'd get all my damages quoted.

Then I'd look at taking both the tenant and agent to the Vic equivalent of VCAT (NCAT?)

 

[Scruff]

Correct Rod - NCAT for NSW. Tenancy matters fall under the Consumer and Commercial Division.

Keep in mind also that NCAT can only order damages up to $15,000. So if the damage to the property is more than that, you would need to pursue the matter in the Local or District Court (can't remember which of the top of my head - I think Local). There's also time limits on making applications for tenancy matters.

Tenancy disputes