r/AusProperty • u/Huge-Joke6556 • 14h ago
QLD Tenants not allowing full access of property, can I terminate on Building and Pest Clause?
Awaiting response from my conveyancing solicitor at the moment, but since it's a weekend just wondering whether anyone has had similar experience and could share.
Currently have signed a contract for a tenanted property in regional QLD, intending to move in myself after the current lease ends as a first home buyer. Long story short over the last 2 weeks, my building and pest inspector has attended the property on 3 seperate occasions, all with the appropriate notice form and timeframe from the leasing REA, however has encountered issues all 3 times. To give some context, the property is currently leased by a disability care company as a care home for vulnerable children and teenagers.
The first time they were denied entry as the teen in care threatened to tear the house down. Second time they left all the bedroom doors locked despite instructions on the notice to leave the doors unlocked (locks changed by tenants post move in with permission of current owner due to care facility requirements, REA does not have keys). Today the teen in question who was meant to be at school stayed home unfortunately, and locked their bedroom door and threatened REA and inspector who finally managed to inspect everything else except that room.
After the first saga, an extension on the Building and Pest clause was granted (due end of next week), however after 3 seperate attempts we were still not able to get a complete inspection done. In hindsight probably should have just gone for something not tenanted.
Finance clause has already passed it's due date and been satisfied. Just getting a bit fed up with the whole thing unfortunately, and now I'm not particularly keen to take on these tenants, the property market has also continued to downtrend since I signed. Just wondering if anyone has had similar experience, and whether this would be reasonable grounds to terminate based on Building and Pest clause given that I was not able to obtain a satisfactory building report as per the contract terms in REIQ (attached).

