‘Freeloaders’: Sydney landlord ends tenancy in shocking text over sleepover fury

A Friday night sleepover has left Sydney renter Jack with just three months to find a new home, after a furious landlord spotted his friends leaving the next morning.

The landlord asked him to explain why the “freeloaders” were on her property, but did not wait for a response before texting again - this time, kicking him out.

Jack is currently renting his landlord’s granny flat, which means he enters his rental through a shared space, making unwelcome guests easy for his landlord to spot.

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“Just to let you know that three freeloaders walked out of my private garden this morning. Like to explain that to me?” she wrote in a text message shared by Jack on Reddit.

The landlord did not wait for a response before firing off another text message axing the tenancy.

“With much regret I decided NOT to lease the granny flat out any further,” she wrote in a text.

“Notice is now given to you to vacate the property within the legal period of three months or 13 weeks (or earlier) effective from February 27 to May 26, 2023. Good luck to you.”

Now facing the state’s current rental market, synonymous with long rental inspection lines and eye-watering price hikes, Jack is likely to need more than luck.

He was quick to defend himself in a text message response: “What do you mean (free)loaders?”

“My friends stayed over after a night out - I’m allowed to do that.

“Does this have anything to do with yesterday?”

Jack explained that this was the first time his friends had slept over, and that he had already agreed on a rent increase to allow his girlfriend access to his flat casually.

“She also previously increased rent in exchange for me being able to have my (girlfriend) over once a week,” Jack wrote.

“This woman is literally insane.”

“Is this legal?” he asked.

How the tenancy laws apply

A Fair Trading NSW spokesperson told 7NEWS.com.au: “Residential tenancy laws do not require a tenant to seek permission when inviting guests and visitors to stay at the premises on a casual basis.”

“The grounds on which a tenancy can be terminated varies depending on whether the original period of the lease (the fixed term) is still current or has ended.

“During the fixed term, there are limited grounds for termination, such as a breach of the tenancy agreement. A landlord can also provide notice of termination effective from the end of the fixed term of the agreement.

“If a tenant does not agree with the termination of their tenancy, rent increase or payment of the rental bond they can also lodge a dispute with the NSW Civil and Administrative Tribunal.”

No written lease, no agent, same obligations

Jack, who has never had contact with a rental agent, expressed concern that his tenancy was not legitimate, and wondered how that would affect his complaints and bond.

“This comment has me questioning whether this is even being rented legitimately or not,” he said.

“I’ve never had any contact with any agents or anything, I just signed the ‘lease’ and started paying rent through bank transfer.

“I’ve asked for a copy of the lease I signed because I can’t find it.”

But the same tenancy laws apply to a landlord regardless of whether there is an agent or even a lease in writing.

“A landlord has the same obligations under residential tenancy laws regardless of whether they engage an agent to manage their property,” a Fair Trading NSW spokesperson told 7NEWS.com.au.

“Landlords are required to provide a written tenancy agreement. But, the protections of the renting laws will continue to apply regardless of whether or not the lease was provided in writing.”