Can tenant have a guest stay in a leased unit permanently without permission? Nsw We keeping ask the ID's of the guest

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Customer: good evening. Can tenant have a guest stay in a leased unit permanently without permission ?
JA: What state are they in? It matters because laws vary by location.
Customer: nsw We keeping ask the ID's of the guest and the tenant refuse to obtain
JA: What steps have they taken so far?
Customer: The guest making constant noise. We learnt he has sorry kind of criminal background
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The landlord has new lock installed and denied his entrance, but he forced himself in The tenant is $8000 behind rent and was issued three months termination notice by landlord, which was due on 12/12/2020. They making excuses not leaving
Answered by John Melis in 7 mins 1 year ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

The tenant can remain in the property as long as there is a valid lease in place.

The lease can either be written or implied.

If the landlord has changed the locks on the premises without the tenant's notification this could result in compensation being claimed against the landlord.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

Customer
Hi
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John Melis, Expert

How are you today, I hope you're well?I kindly request that you please scroll up. I have posted a reply for you that explains your options if you cannot see the response, I kindly ask that you refresh your screen, and where it does not show, please let me know, and I will repost it for you. I am here to assist you when you need it.We can chat in this box as long as you need.If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
I prefer in chatting
Customer
Not call
Customer
Are you a layer in NSW?
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John Melis, Expert

We can chat in this box as long as you need.

​The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

Before raising a claim in NCAT, you should file for mediation at Fair Trading. 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.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint chronologically, detailing the issue and what action you have taken to rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further. http://www.ncat.nsw.gov.au

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

​Your satisfaction means everything to us.

I thank you for reaching out today, and I look forward to hearing from you soon.

Customer
is a guest allowed to stay on a rental property without authorisation?
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John Melis, Expert

The guest is allowed to stay on the rental property on a short-term basis only.Short term would be less than 14 days.I know it isn’t easy to deal with issues like this, but you’re handling it so well.I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.I know you have a lot of choices, and there are various ways to move forward.If there is anything else, big or small, that I can help you with today, please let me know?I am so glad you contacted us, and I thank you for reaching out today.
Customer
this guest makes a lot of noise throughout the night and no one can sleep in the building. I installed a new lock and tried to stop his entrance.
He stayed much longer than 14 days
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John Melis, Expert

Your next step is to raise a claim in the tribunal.I appreciate your patience as we’ve gone through all of this. If I missed something or you’ve got additional questions, let me know. Otherwise, have an excellent rest of your week.
Customer
can I refuse his access?
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John Melis, Expert

If you're named on the lease, yes you can.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
The tenant refuses to provide the guest's ID to agent
Customer
The tenant was given 3 months notice from landlord to terminate the lease which was expired on 12/12/2020. They asked to move out on 26/12/2020. Last night they were still here and make loud noise whole night till 3.30am
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John Melis, Expert

Your next step is to run proceedings in the tribunal.I wish you and an enjoyable and safe holiday season.
Customer
The proceeding is lodged. But the noise is too much for everyone. The tenant was agreed to move out 6pm today after a troubled night then they send a text message say that they can call fireman to bring the door down if the access is refused and they want to stay another night
Customer
can they?
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John Melis, Expert

If you need an urgent fix you can file an application in the court.I know it isn’t easy to deal with issues like this, but you’re handling it so well.I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.I know you have a lot of choices, and there are various ways to move forward.If there is anything else, big or small, that I can help you with today, please let me know?I am so glad you contacted us, and I thank you for reaching out today.
Customer
I am the landlord
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John Melis, Expert

I understand how you feel. If you need an urgent fix you can file an application in the court.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
We called the police at 3am and they havent come till now
Customer
Who else we can help for a quiet night tonight?
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John Melis, Expert

Your matter is a civil matter, not a criminal.I appreciate your patience as we’ve gone through all of this. If I missed something or you’ve got additional questions, let me know. Otherwise, have an excellent rest of your week.
Customer
isnt the noise at night police matter?
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John Melis, Expert

A noise complaint has to be excessive beyond the reasonable level that is expected.If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
what is reasonable level?
Customer
Yelling and cry?
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John Melis, Expert

It is measured by an expert.Your satisfaction means everything to us.I thank you for reaching out today, and I look forward to hearing from you soon.
Customer
do you know in what situation one can call fire department to break in?
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John Melis, Expert

Please call me.Thank you.
Customer
Please let me know does the landlord has right to deny none resident in the building.
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John Melis, Expert

Only with reason.
Customer
What are the reasons? The guest never provides the ID when required and has constantly make noise after midnight till early morning. The tenant who invited him in has no control over him.
Customer
are those reasons good enough?
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John Melis, Expert

Your next step is to raise proceedings in the tribunal.
Customer
Tribunal is not effective to solve this problem.
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John Melis, Expert

You are the landlord, if the tenant is not complying with the lease requirements, you can issue a notice of eviction. The tribunal is your next step.
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