VIC Notice of Breach - Compensation by Tenant?

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Fred Yard

Member
14 February 2017
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Just wanted to get some help from the community on how you would proceed on the below situation:

We've been renting this property for the last 2.5 years with no problem whatsoever. If anything, we had been improving the property by erecting a shade sail over the concrete area in the backyard, landscaping the front and backyard, installing a new shower at our own cost. We had a great relationship with both property manager and landlord until recently.

At the onset of our lease, we had a verbal agreement with the landlord to landscape the front and rear yard in lieu of 2 weeks rent. We told them we also wanted to pave a section next to the driveway to allow easy access in and out. The landlord agreed and we went ahead and did it.

Last week, during the last inspection, we were still working on that area and the pipes were exposed just below ground level as we had dug up the soil before paving it. The landlords were not happy about this and today the property manager issued us with a notice of breach as below.

"Compensation or compliance required

I require you to remedy the breach within 14 days after receiving this notice by after seeking further engineering advice following our inspection dd/mm/yy, it has been reiterated that you should not risk compromising the integrity of the sewer, rain water and gas pipes and therefore we require you to reinstate the soil/grass to its original level. The concrete lip which has been removed will also need to be reinstated to ensure cars do not drive up onto that area however this will need to be done professionally, or pay me $3,000 compensation."
 

Rod

Lawyer
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27 May 2014
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I'd be writing back and denying any breach has occurred and works as agreed with Mr/s xxxx on <date> are still in progress. These works are expected to finish on <date> (make it sooner rather than later).

I'd mention something about the concrete lip as well, and fit the wording to what was agreed. And add something about the integrity of <whatever is exposed> have not been compromised in any way.