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Termination of tenancy: alleged breach by landlord
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TruleEConcerned
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09/11/2017 - 5:31 pm
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Hello all,

Tenants are being disturbed by renovation noise from another flat. Tradesmen made very loud (jackhammer) noise for 4 days and made constant, “typical” renovation noise for about two months. The renovation is complete and there is no more noise.

Tenants want to terminate the lease, several months early, and not pay the agreed break fee, claiming their landlord (who is not involved in the renovations) has breached their right to quiet enjoyment (in particular, cl.14 of the NSW RT Agreement).

Questions:

Can they terminate on these grounds and not pay the break fee? They were only accepted as tenants because they were the first to agree to a break fee.

Are there case studies on this issue where the landlord was not held liable for the loss of quiet enjoyment by tenants?

Thanks in advance for your advice.

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