VIC Part of rented property not included

Discussion in 'Property Law Forum' started by Bec Ridge, 31 August 2019.

  1. Bec Ridge

    Bec Ridge Member

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    My husband and just signed a lease for a rental property, during the initial inspection we asked about the workshop out the back and were told that it would be included in the lease however they had to get a locksmith out as they had no key for it at that time.
    Then when I went to sign the lease we discussed the workshop and when I could expect to receive the keys as we needed to get into it before the removals arrived with our belongings. I was told I could expect a call from a locksmith within the same day.

    Later the same day I received an e-mail from the property manager stating that the landlord had belongings in the workshop and didn't want to give access.

    This is a massive problem because my husband and I were specifically looking for a property with a workshop and/or double garage and we would not have applied had we known it would not include a garage or workshop. It doesn't say in our lease that parts of the property are excluded and it's too late to back out of the lease because we have paid a removal company and don't have anywhere else to go.

    What is more annoying is we offered more rent to secure the property.

    What are our rights in terms of getting access to the workshop?

    Additionally, does this mean that the landlord can access their belongings whenever they please during our tenancy. I don't feel comfortable with that as it seems very invasive.
     
  2. Rod

    Rod Lawyer
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    You have full rights to the property. And the landlord has to give you full, quiet possession and enjoyment of the property.

    Alternatively you can seek damages against the landlord for failing to abide by the lease. You may be able to have the lease declared void and sue for damages.
     
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