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Hi, I need help with answering the below brief if possible. Scenario: Clyde, being a real estate agent, loves property. With his share of the

Hi, I need help with answering the below brief if possible.

Scenario:

Clyde, being a real estate agent, loves property. With his share of the sale of the Sorrento property he purchased an apartment in central Melbourne (first property) and wants to purchase another one as an investment (second property). Clyde has secured a tenant, Tom, for the first property and he is looking at another property that is already tenanted. Your boss Jenny has told you there are no conflicts as Jim has given his consent for your firm to act for Clyde. Clyde is seeking your assistance with some issues he is having with the tenant (Tom) in his first property and wants to make sure there will be no issues with the tenant if he purchases the second property.

Clyde has engaged your firm to find out if there are any issues with both the first and second property that he should be aware of and whether there is anything he needs to do.Your boss, Jenny, meets with the client and provides you with the following background information and research scope.

1. First property

There are a few issues that have arisen with Clyde's tenant Tom. Tom and his friends have been very noisy, playing music at very late hours and there have been complaints from other apartment occupiers. One neighbour (who is an owner) has threatened to move out and bring proceedings against him to pay for moving costs and rent.Clyde thinks that is unfair as he is not making the noise. His real estate friend told him about a recent case where a person had to pay money because of a noisy tenant. This information has Clyde really concerned. Tang v Fossaert (Owners Corporations) [2022] VCAT 323.

Research scope

Clyde wants you to review the case and provide a summary so he can understand:

1. if he might be responsible for Tom and his friends' actions;

2. whether there is anything he needs to do as the landlord or owner; and

3. whether a neighbour really can make a claim for their moving costs and rent and if so, in what circumstances would he be liable

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