My friend has just moved to a small rental property in Burwood for 6 months bond. Within two weeks the landlord rang to

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Customer: My friend has just moved to a small rental property in Burwood for 6 months bond. Within two weeks the landlord rang to bring a couple of prospective buyers to look at the place.He landed up with five prospective buyers with no masks or hand sanitation . The Real Estate Agent told her vaguely that they might sell the small Unit when her lease was nearly up. The Agent has just rung today to say he wants to have 3 more visits in the next month to bring in more prospective buyers. She feels her privacy has been invaded and also unsafe in view of the covet virus and to have strangers coming thru so reguglarly. What is her legal position so she can protect herself.
JA: What steps has your friend taken so far? Have they prepared or filed any paperwork?
Customer: She contacted me as she is not familiar with Australia law as she has just returned to Australia in December 2019..She has signed the contract for 6 months rental of the place and quite happy to stay there if her privacy and health is protected
JA: Have they talked to an Australian lawyer about this?
Customer: No she just wants to know the law to know whether she has any legal standing to speak to the Real Estate Agent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by John Melis in 50 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

I kindly request that you please clarify your question?

Customer
What is your legal standing as a tenant when you just moved into rental accommodation and the Real Estate Agent rings and informs you that he wants to bring prospective buyers to go thru. your Unit. Five turned up with the Real Estate Agent without masks or other protection and go thru your small Unit a week ago.. Can you refuse them entry as you are occupying and paying rent. Have you any right to privacy under rental accommodation .What protection do you have as a tenant if the law allows these Intruders to accompany the.Real Estate Agent to go thru. your Unit. Five turned up with the Agent ten days ago without masks and now the Agent wants to make 3 appointments within a month to bring more potential buyers. Has the tenant any rights especially when any one of these buyers could have the covet virus or even . privacy
Customer
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John Melis, Expert

Concerning your important matter you can reject this type of situation and challenges in the tribunal where your privacy is breached under the.

I suggest you bring a claim immediately in the local tribunal. If you tell me which state you're in I can tell you which Tribunal to use..

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Sydney NSW
Customer
What is the.lae to show my privacy is breached as a tenant.
Customer
Law
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John Melis, Expert

The New South Wales Civil Administrative Tribunal “NCAT” process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

However, before raising a claiming in NCAT, you should file for mediation at Fair Trading, and if the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

http://www.ncat.nsw.gov.au

This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.

Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.

Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

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