Are U aloud to have a fire in residential areas. Queensland. I am the owner and it's been privately rented by someone. I

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Customer: Are U aloud to have a fire in residential areas
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: Queensland
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I am the owner and it's been privately rented by someone. I just wanted to know my rights as a owner and the tenants rights
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Also if the owner has property on the premises, is the tenant aloud to remove it
Answered by Leon in 1 min 2 years ago
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Leon
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Leon
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Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

Customer
Ok no worries
Customer
Can't afford the 85
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Leon, Expert

Good Morning

If it is controlled eg in a BBQ then you will not have a problem

But having a bon fire that is not controlled is illegal in the current situation

It is escapes you can be charged.

Here is a link that explains it in more detail of what is and is not allowed

https://www.ruralfire.qld.gov.au/Using_Fire_Outdoors/Documents/Can-I-or-Cant-I.pdf

The tenant has possession and the owner of the property cannot enter without giving notice to the tenant in accordance with the act and the tenant can refuse access.

Here is some information and the link it comes from

It is important to remember that during the tenancy, even though the landlord owns the premises, the tenant has been given exclusive occupation. This means that the tenant has the right to generally determine when other people are allowed into the premises. In the case of shared accommodation, this means that the tenant has the right to determine who and when other people, including the landlord, can access their room.

The best approach is generally for the landlord to ask for the tenant’s agreement to enter and to agree on a mutually convenient time and day.

When the landlord enters the premises, they can do so with another person if it is necessary for one of the purposes listed below. For example, if entry is to carry out repairs then the landlord can enter with a tradesperson.

https://flatmates.com.au/info/qld-landlord-entry-rights

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Regards
Leon

Customer
What if it's the owners property that is locked in a shed, and the tenant has without permission gained access to the owners locked shed
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Leon, Expert

What does the lease say?

If the lease says nothing about this then the owner has to get the consent of the tenant to gain access.

The owner cannot just enter without giving notice to the tenant unless it is for urgent repairs.

So if you have in the lease that you can enter to access your possessions then you have no issue. If the lease does not say that you need their consent.

I hope this is clearer.

Customer
Still doesn't answer my question, the owner had previously lived in the property and has a shed full of the OWNERS belongings, it has been noted that the tenant who is residing at the property not to gain access to the shed. But the tenants has gained unauthorised access to the shed who the owner has locked themselves. This is a private rental
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Leon, Expert

The tenant cannot gain access to the shed. If he does he is in breach of the lease.

You send them a letter and advise they are in breach and if they continue to breach you will seek orders to have them evicted.

It makes no difference if it is through and agent or private. The law is the same.

If the terms of the lease are not complied with the person breaching them can be evicted if they do not rectify the breach.

If they have damaged the owners property then they can be sued for damages.

But it should all be in writing and you keep copies.

If you need to gain access to lock the shed and make it secure you can argue it is urgent and you do not have to give them notice.

Customer
Have U got a link to help me find information that the landlord can read
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Leon, Expert

About access?

Here it is again

https://flatmates.com.au/info/qld-landlord-entry-rights

Here is a further link about your rights and your responsibilities.

https://www.qld.gov.au/housing/renting/for-landlords/landlords-rights-responsibilities

Customer
Just everything the landlord needs to know
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Leon, Expert

The links I have sent you does that.

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Leon, Expert

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

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