Bad Landlord

The Worst Hostel in Australia: Canberra City YHA

2019-06-10T04:11:00.001-07:00

Canberra City YHA is quite possibly the worst hostel in Australia. A fan of Bad Landlord has written in with a litany of complaints about the hostel. With the current poor housing market, people are finding accommodation where they can. They are staying at hostels if they cannot find other more secure forms of housing.

When I first moved to Canberra for a job, I stayed at the Canberra City YHA for a few months. The gloss wore off very quickly.

The hostel is completely over priced. The price per night for a 10-bunk dormitory can be as much as $40 per night. For other comparable hostels in other states, the going rate would be about $20 per night. Plus breakfast is not complimentary. You have to pay for it.
The pricing is dodgy. The price per night can change from day to day with no adequate explanation. In my time there, the pricing for a 10-bunk dormitory fluctuated between $30 and $40. There are many people staying there on a long-term basis. They are not offered a reduced rate.
When booking accommodation, reception will routinely quote more than the available online price. The practice is completely dodgy. The way they treat international visitors is disgusting. There can be a considerable difference in what they are quoted (up to $100 for long stays).
The manager will leave notes on your account. This is always checked by staff members when you book accommodation. I am not sure but I think the manager leaves instructions on what to charge you. If they are doing this, it's probably illegal. There is no transparency or accountability.
They are breaking the law. Under Australian Consumer Law, businesses must provide receipts. They don't give people receipts, let along itemised receipts. They get away with doing this because most customers are from overseas. If you book for a block of time, you can't see what you are paying per night.
The staff treat people staying there with complete contempt. Complaints are not an opportunity for improvement. There is no such thing as customer service at the Canberra City YHA. This is probably because they have a monopoly on the market - there are only two hostels in Canberra.
According to YHA policy, there are restrictions on long stays. However, people often stay on an ongoing basis because accommodation options in Canberra are so limited. The policy is only applied if you piss off management. If you complain, you run the risk of being evicted. People are often evicted for arbitrary reasons sometimes with no notice. For example, paying 'rent' a few hours late.
The hostel asks for a $1 contribution to the sustainable hostel fund for 'eco-projects'. I did not see any special projects but I did see them install new curtains. How dodgy is this. They probably use this for ongoing maintenance that they should be funding out of their profit margin.
No one uses the pool or the spa advertised as a 'sauna and spa and wellness centre' because they aren't heated (unless they are completely nuts! Canberra is freezing at the best of times).
I signed up to be a member years ago and I paid a fee to access a discount. Upon arrival, I was told that the system had changed and people were automatically members. I would have loved a refund.
The hostel advertises a nightclub DJ and live music/performance. There is a bar next door and it is run completely separately. There is no social director like what you would find at other decent hostels. The third floor balcony is great but they kick you out at 10pm every night.
A young lady was sexually assaulted on the premises while I was there. Still in shock, she went and reported this matter to reception. Instead of calling the police to have the perpetrator arrested, they kicked him out! He was located and charged by the police at a later date.
I was asleep in my dormitory once. I woke up and my belongings were gone. The staff had had broken into all of the lockers using a bolt cutter to take off the padlocks. They didn't even wake me up to check which locker was mine! It felt like a complete violation of my privacy.
The hostel charges for storage. Unbelievable. I have travelled the world and I have not encountered a hostel or hotel that charges for something this basic. It's expensive and there are no other options/solutions for people who stay there on an ongoing basis. About $9 per day on top of accommodation. This caused heaps of problems for me because I worked and stayed somewhere else on a part-time basis.
One time they threw out my food. About $20 worth. I can't remember if I had labelled my food but there were unopened items like coffee. I went and complained. They didn't give a shit. They didn't even offer to give me credit.
There are ongoing issues with the heating. Heating is critical in Canberra because it can get as low as minus five degrees. They either don't have heating (air conditioning only) or they don't supply heating to the large dormitories. I saw people going to bed in their jackets and beanies. They don't even supply extra blankets.
The staff. A mix of inexperience and incompetence. But a few happy smiling faces. I think the problems stem from management/ownership to be honest.
One time the washing machine ate my gold coins. Do you think I could get a refund? No. Not possible. She said and I quote, 'I don't owe you anything'.
The hostel has been around for a long time and is run down. It definitely needs to be renovated. To be fair though, they keep it relatively clean.
The reviews. Don't trust them. They're fake.

Vote with your feet. Don't book there. You have options. The other hostel Dickson Central is in Dickson. If you are traveling as part of a group, you can book an Executive apartment for about $100 per night. You can also book relatively cheap stays on AirBnB.

😡😡😡

Residential tenancy laws do not regulate hostels. For people living in hostels because they have no choice, there are implications for their legal rights. There is no security of tenure. The hostel policy applies. Is this a gap? Should the law change?

While policies may state otherwise, the actual practice of permitting long-term stays may create a reasonable expectation that the service may continue. The argument could certainly be made that guests staying on a continuous basis should be entitled to some form of protection.

It would seem unfair that guests staying on a long-term basis (not night to night) can be evicted at will. Particularly considering that homelessness may result.

It's definitely food for thought...

Unstable landlord from Torrensville: Centrelink being defrauded

2016-05-29T02:38:00.001-07:00

This is a story about an unstable landlord from Torrensville who uses his tenants to defraud Centrelink. The landlord in this instance cannot be named because the tenant fears further harassment and retribution.

The landlord never gave rent receipts to his tenants because his didn’t want Centrelink to find out about the extra income. If there were a database of rental properties, the agency would be able to link in and check these things.

This is what the tenant had to say:

I am in Adelaide and currently having an issue with an ex-landlord in Torrensville who is taking me to court about bond he claims I need to pay him back for - he never lodged the bond with anyone.

This was a lodging arrangement (6 years tenancy) and he never gave me rent receipts and is attempting to claim money back for various ridiculous items including doing improvements and repairs on his own property. Incidentally, there was never a written lease, just a verbal agreement.

At present it is a monumental waste of my time (I will have my third court directions hearing in Feb) but I concede I have learned a significant amount about the legal process and the depths that some people will stoop for money. This guy is an invalid pensioner and has tenants in his house that he doesn't declare to Centrelink (hence he also doesn't provide receipts). It is surprising that he would make himself open to scrutiny in this way, but I suspect his comeuppance is about to occur.

The landlord failed in his duty to provide receipts for rent for the entire period of tenancy (as is stipulated by Section 58 of the Residential Tenancy Act). He insisted that all rent be paid in cash and did not allow me to pay by cheque or deposit as he did not want Centrelink to be able to trace his income.

The interesting thing is that the tenant was successful in arguing that section 58

of the Residential Tenancies Act 1995 (SA) was breached. In most states and territories, tenants have a right to rent receipts to prove they paid if the landlord claims they did not. Pretty common sense. It’s there to protect tenants.

But strictly speaking, if the judge had found that the tenant had boarded with the landlord and had not entered into a lease she would not have won. Under section 5(b) of the Act, boarding and lodging arrangements are not covered by the Act.

Accordingly, people in this situation do not have the protection of the Act including the right to rental receipts. And there is no reason in principle why boarders and lodgers should not be entitled to rental receipts. This is very bad law.

Also note that landlords can be fined a maximum of $2,500 for failing to provide rent receipts in South Australia. I would really like to know what is going on because I have not heard of any landlord getting a fine of this magnitude.

The tenant also explained how the landlord made his tenants pay for electricity as a way of hiding income. She continues:

The plaintiff’s initial claim for $1200 for rent in arrears on the 16/12/12 (and again on 7/1/13) was paid by the defendant on 22/1/13 (minus bond) with no mention of other monies owing (including electricity and withholding of bond) until 21/8/13.

Without explanation, the amount ‘owed’ for electricity has risen from $150 in the original claim to $188 in the most recent claim. The plaintiff obliges his tenants to pay the entire electricity bill without contributing monies himself as a way of hiding income and avoiding the loss of benefits from Centrelink.

Although never formally agreeing to comply, and at times spending little time at the residence, the defendant estimates over $5000 was paid in electricity during her six-year tenancy and is reluctant to contribute further.

The defendant spent very little time in the residence in the three month period of the bill in question, with ten days spent in China in late November and days spent away from the residence due to fear of the plaintiff from early December.

This is blatantly unfair. Tenants are being exploited because they need somewhere to live.

In the next instalment, we will explore how this landlord threatened and intimidated his tenants.

Bugger off! I pay for privacy...

2016-05-22T00:39:00.003-07:00

Hopefully, you the reader would know that tenants are entitled to quiet enjoyment. It's a somewhat archaic term that should probably be replaced with the term 'privacy'.

The term is a bit confusing. I remember being told once by a real estate agent when I was a young law student that quiet enjoyment meant no loud music. Of course, I knew this not to be true. I don't want to bore you with the legalities of quiet enjoyment, but here we go...

There are differences between jurisdictions. The Victorian Act only refers to the right of quiet enjoyment. The Queensland Act on the other hand says tenants are entitled to reasonable peace, comfort, and privacy. This approach is much more advanced.

The concept of quiet enjoyment has been interpreted by the Courts in a restrictive manner, probably because the Acts are not explicit enough. Landlords and agents have made significant inroads leaving tenants with little substantive protection.

To better protect tenants, we really need to work out what kind of privacy tenants need. And if landlords or agents breach those rules, we must throw the book at them. For something to be respected, it must have a value.

A fan wrote in and told me about their nosy landlord. The landlord would enter the property unannounced and sneak around under the house listening to their private conversations. He was eventually caught. The landlord would also challenge their guests while they were waiting out the front asking questions about who they are and what they were doing. That's just not good enough.

I remember back to the days of property law and the boring lectures about easements, covenants, and fixtures. They would have been a lot more interesting and exciting if we actually looked at the policy issues. Why? Because damn the man...

Public Warning: Monster on the loose…

2016-05-04T02:20:00.000-07:00

A young man has contacted Bad Landlord Australia wanting to warn others of a predator targeting international students. His real name is Phillip but he goes by the pseudonym Richard Puller. This man lives in St Kilda, Victoria.

Misaki, a young student from Japan, found an advertisement on Gumtree for a cheap furnished room on Barkly Street. This is not her real name. Misaki moved in but managed to escape after four days with the help of concerned friends.

Misaki was cluey enough to tape some of the conversations with Phillip. I have listened to the recordings but I am unable to publish them because it is prohibited in Victoria. Victoria Police and Consumer Affairs Victoria have been notified.

It is very difficult listening to the recordings. It is truly disturbing stuff. This sixty-year old man tries to groom Misaki telling her she is special, a princess, his special friend, and so it goes on. He offers her reduced rent for god knows what, which she refuses.

The class hallmark of a molester is keeping the abuse under wraps. He repeatedly tells her that the relationship is secret. Disturbingly, it sounds like he has done this kind of thing many times before. He refers to another Japanese girl that had stayed with him previously.

Here is an account by the white knight that rescued Misaki:

My girlfriend is from Japan. She recently had her friend come from Japan to live here in Australia. My girlfriend was helping her find a place, found this ad and took her friend to met Philip aka “Richard Puller” and they decided it was okay for her to move in (mainly because there was another Japanese girl staying there). The moment she was alone with him which was the first day, he bought her clothes and told her to get changed in front of him, he continued to be sleazy trying to kiss her saying he loves her and when she wouldn’t do things he would slam door and get angry.

Luckily Misaki recorded many conversations he had with her. The recordings are well beyond grooming, controlling sexual things that made me want to vomit. “Rent goes down if you do what I say”, “we will have a special secret friendship”, “you have nice boobs and I love you and we will have good special friendship if you don’t tell people about us” etc. Complete sexual predator! I have made a statement about this but they weren’t sure about how they could handle it, as he didn’t rape her pretty much. I immediately took Misaki away from this creep, she only stayed there for four days and already all this happened.

The other girl living there is scared of him and hides in her room. She is leaving because of him. I told she can stay with me and my girlfriend and now Misaki just to help her escape. I have spoken to people that have heard of this man and said he always has Asian girls stay with him. Obviously he preys on WEAK scared venerable Asian women so nothing probably would have been reported. These girls cry themselves to sleep every night and then just flee home scared with this as their main memory of Australia. These girls wouldn’t go to the police you see. It makes me sick. All I pray for is that no more travelling Asian girls can walk into this trap. If this man is not stopped it will definitely end in rape.

The difficulty is that the Residential Tenancies Act 1997 does not deal with situations like this. Anyone can become a landlord, there are no restrictions. To protect vulnerable people, property owners should have to apply to the regulator to rent out their place. We need to safeguard the public.

Using defamation laws to fight back

2016-04-25T04:39:00.002-07:00

It was recognised early on that tenant databases could be abused so governments intervened and started to regulate. In Queensland under the Residential Tenancies and Rooming Accommodation Act 2008 tenants can only be listed in certain defined circumstances.

But the legislation is sometimes ineffective and fails to protect tenants in dire circumstances. Sarah would like to share her story because she is "devastated there aren’t harsher penalties for people like this". Please note that fake names have been used to protect the anonymity and privacy of the tenants at their request.

Mary is an older lady and she seemed fine when we first went to look at the property. We rented the property a few weeks later and signed a 12 month lease. A few months down the track she became the landlord from hell, coming round without notice, banging on the door on a Sunday, picking mandarins off our mandarin tree in the garden and also making numerous rude comments about us being in her eyes "poor".

It got extremely bad when me and my partner lost our jobs 2 days apart and had our 2 year old son to support as well as the bills piling up. I was stressed and depressed. We fell behind on rent and struggled to even eat. We rang Mary to explain our situation and said she was welcome to have our bond and we were trying to get housing and jobs as soon as possible.

Her exact words were "you will be on the street you and your son". She hired a lawyer and a real estate agency. I cried that night so distressed by our bad situation and how someone could be so cruel. Sure enough the next day we received a letter stating we needed to vacate the property.

My partner found another job and we were able to get a rental property out of town as we were unable to get one in our hometown as she had informed us she had told agencies not to rent from us. We moved out a week later. And to our surprise we received court forms totalling around $4000 as not only did Mary want her rent back she wanted payment for damages and compensation! Luckily the court case ended and she only received the rent we owed which got taken out of our bond and with our bond there was still $1,370 owing (this was including court costs).

The judge made the order they got the bond and we just had to pay Mary back the $1,370 how ever way we wanted. We started up a $5 a month payment plan which isn’t a lot at all but was all we could afford. We then received harassing letters saying if we didn’t pay $100 a week we would be blacklisted. Obviously in our situation this was an enormous amount we couldn’t afford. We let them know we couldn’t afford it and all she could say was "sorry, owners request, if you don’t pay what she wants you blacklisted".

Surely enough we received in the mail a letter informing us we are blacklisted on TICA. We still receive harassing letters and Facebook messages. We are harassed when we go out in public and can’t move on with our lives. We can’t get on with our lives and have even been forced to start processing bankruptcy just so we will be left alone. Mary told us she wants to see us on the street with our young child and no money. I am going to try and take out an AVO if anything happens again.

The first thing to note is that the landlord and agent broke the law. The Residential Tenancies and Rooming Accommodation Regulations 2009 states a tenant can be listed if there has been a tribunal order for the payment of money AND the time for payment has passed. The agent would have known this but went ahead regardless and blacklisted this family who had fallen on hard times.

This case also highlights the difficulties families experience trying to pay bills in the private rental market when a job has fallen through and they are thrust onto Centrelink well-being support which is manifestly inadequate.

It also shows that legislation needs to be extended to cover informal blacklisting. This is a problem in the regional areas particularly small towns. As in this case, all the landlord needs to do is go for a walk around town and chat to real estate agents.

In this scenario, the family sued Mary for defamation. I don't know how successful they were, but it is one tool tenants can use to right the injustices of the current system.

Lesson learned: Don't assume your agent is professional...

2016-04-25T03:28:00.002-07:00

This is a story about a seemingly "professional" real estate agency, and I use the word loosely. A fan of Bad Landlord Australia wrote in wanting to share her parent's experience vacating a property down south.

My parents were tenants of a house in New South Wales through a Queensland-based real estate agent. My parents gave the real estate agent the required notice to end the tenancy, and subsequent to this, the real estate agent provided my parents with a detailed list of things that my parents were required to do upon ending the tenancy, with particular focus on professionally cleaning the carpet. Note that my parents did not own a pet.

The tenancy notice issued to my parents insisted that my parents pay for the carpet to be professionally cleaned, and in addition informed them that dry cleaning was not acceptable, that self-cleaning by the hiring of a machine was not acceptable, and even named a particular carpet cleaning company that they did not regard as having an acceptable standard of cleaning.

I did a little research on my parents’ behalf, and found that this request was in breach of the Residential Tenancy Act 2010. Section 19(2) prohibits the inclusion of terms requiring professional carpet cleaning at the end of a lease.

I informed my parents of their obligations under the Act, and my parents then mentioned the legislation regarding carpet cleaning to the agent. The agent quickly agreed that they did not need to have the carpet professionally cleaned. I think the agent may have been trying their luck, and counting on my parents not checking up on the current tenancy legislation.

I am concerned that this agent has other tenants who may not be aware of their rights. I suspect the agent may have asked other tenants to professionally clean their carpets at the end of their tenancies, and if the agent is flouting this part of the law, I assume there may be other sections of the law the agent is not adhering to.

What can be done to make sure that tenants are aware of their rights, and to ensure that real estate agents don't try and break the law? Some people just believe whatever the agent tells them, as they assume the agent is professional enough to know the legislation regarding tenancies.

The reality is that it is too easy for agents and landlords to get away with this sort of thing, without any repercussions even if they are caught out. Agencies such as this should be investigated and fined in cases like this to deter them from doing the same thing in the future.

It is also interesting that the real estate agency blacklisted a particular cleaning service. I have heard of cases where contractors who express concerns about unethical conduct have been blacklisted and are no longer given any work.

So what is the lesson learned? Know your rights and responsibilities and don't assume that your agent is telling the truth. They represent the rights and interests of landlords which do not necessarily coincide with yours. Be suspicious and prepared.

Warning: Tenants being exposed to asbestos

2016-04-24T22:21:00.000-07:00

Tenants have little specific rights when it comes to asbestos. If asbestos is suspected, tenants could take the matter to court arguing urgent repairs. And I'm pretty sure a court would grant a request to vacate the property even if the lease hasn't expired.

The situation is a little different in the Australian Capital Territory because of the MR Fluffy asbestos scare. Landlords are required to provide an asbestos assessment report, failing that, an asbestos advice under the Dangerous Substances Act 2004. But how is this provision to be enforced if the tenants simply aren't aware?

One concerned tenant wrote in wanting to tell his story and warn over tenants. He has dobbed in John Serafini (company name, Serafini Chains) in Bowen Hills, Queensland.

Myself and my wife have been living in a rental property under a cash arrangement for 2 1/2 years in Bowen Hills. We had a cupboard where we have kept our pots, pans, things we use to put food in for the time we have lived here.

We recently became aware that the broken sheet inside the cupboard is made of asbestos. Small pieces of this same broken sheet are dropping from the underside of the floor on to the garage floor under the flat we live in. There is a good chance that this broken sheet would have been touching things we eat from, I also replaced the bench top above it possibly exposing myself further.

I have been in contact with the asbestos-related disease society and submitted exposure forms for me and my wife. To reduce future incidences of asbestos-related disease in the Australian community, something needs to be done.

I believe that me and my wife have been exposed to asbestos or at least put at risk by it. What about the next tenant here? These owners wouldn't pay for anything to be fixed even if they did have the money. We are vacating the rental and don't want others to have the same problem and potential exposure to a banned and known cancer-causing product.

The author of this blog post is not an expert in asbestos, so she contacted the Asbestos Council of Victoria:

On the info you have given me, it is hard to say what exposure the family has had – but probably there is exposure – how much? – anyone’s guess. Will they get sick from the exposure? There is no way to know or quantify that. They may never get anything wrong with them. It is Russian Roulette with exposure to asbestos fibres. Of course the more exposure you get the more chances you are taking. You should never allow yourself to be exposed it is the only way to make sure you never present with an asbestos-related disease.

Of course in saying that I do know of cases where someone who had had only a small known exposure had contracted mesothelioma. God willing they will all be okay. As for the rental place, the owner has a duty of care to make sure that the place is safe to rent and asbestos that is broken or old and deteriorating needs to be taken care of in a rental situation. Asbestos cement sheet that is in good condition and painted and sealed is not a problem. If the house is with a real estate agent the agent needs to make sure the owner has done his duty of care in keeping the house in good condition.

So we can't know for sure in this situation, but the best thing to do is avoid asbestos as much as you can.

Should landlords be criminally charged if they lease properties which are known to be infected with asbestos? This was happening before the ACT Government decided to release the addresses of all Mr Fluffy homes.

If tenants are being exposed to asbestos, this is a massive health risk and should be dealt with appropriately.

Tenants would be better protected if inspections were mandatory and landlords were prohibited from leasing asbestos-infected properties to unsuspecting tenants. They should be responsible for paying a licensed assessor if asbestos is later suspected and for compensating tenants for moving costs.

If you think you have been exposed to asbestos, you can

Right to a professional handy man

2016-04-24T20:36:00.002-07:00

Some dodgy landlords refuse to hire professional handymen, doing the work themselves, hiring mates or second-rate tradies. Of course, they do this to reduce costs and save money on carrying out repairs.

But there are a number of problems with doing this. First of all, it can be dangerous depending on the kind of work being done. When it comes to electrical work for instance, you want someone who knows what they are doing.

Secondly, it is violates the privacy of tenants. A key element of a lease is the right to quiet enjoyment of the property. If the landlord is doing the work, they get to do an informal inspection without the protections in the Act.

And further, if there is a problem and the matter goes before a tribunal, the landlord has an edge because their mate will probably give a favourable version of the events.

And then there's the hassle. If they don't know what they are doing, it might take longer and they might have to come back.

This is why tenants should have a right to a professional handyman.

Here is a story from a frustrated tenant:

I have a tale of woe to tell. My family and I moved into our dodgy Northcote property two years ago. I knew it was dodgy as I had the pleasure of living in another property owned by the same man when I was a young student.

He was a dodgy prick then and remains one today. Why did I take the property, well der, there is a shortage of three bedroom rentals and my kids need to be near schools transport and so on. Anyway on our first night in the house water poured through the ceiling from the upstairs bathroom into the kitchen. The landlord owns half of Northcote.

For those of you who know the area never rent the houses in Butler street behind the Peacock hotel. The landlords answer to our leaking shower was to send his geriatric worker to carry out repairs. The old guy who has little English has been working on the house for two years as the landlord refuses to engage a plumber who is not his mate. Now this weekend has been shocking.

It has started all over again and it is worse than ever and I am just about at my breaking point. Our rent is due on Tuesday, but I don't really want to pay for a house where I cannot take a shower. I have contacted my property manager. I know that the landlord Andy is going to turn up on my door tomorrow with his old guy. My intent is to not let them in and demand a real worker.

I don't know how the story ends. Hopefully she wasn't evicted for standing her ground.

But the tenant makes a good point. Why should tenants continue to pay rent when they are not receiving the services they pay for? Tenants should have the right to withhold rent if their landlord abuses their power and does the wrong thing.

Fairer Safer Housing

2016-04-24T02:56:00.000-07:00

The Victorian Labor Government is moving to reform the Residential Tenancies Act 1987.

They are like to take a targeted approach rather than "root and branch" reform. This is unfortunate. The problems are deserving of forensic attention.

Here is a list of things I would do:

1. Look to Queensland for inspiration. Their system isn't perfect but a great deal better than Victoria's mess.

2. Create a separate statutory body responsible for all things housing. I hear good things about the Queensland's Residential Tenancies Authority. I'm not convinced housing is a consumer problem. And I don't think dodgy landlords are an enforcement priority.

3. Set up a register for landlords. Carry out background checks. We need to know who they are and take away their rights if they do the wrong thing. Keep a record of bond claims to make sure the money is going where they say it's going.

4. Enshrine a right of appeal. I've heard disturbing stories about VCAT's handling of tenancy disputes ranging from outright bias to errors of law. Tenants should not have to go to the Supreme Court to get a good quality judicial decision.

Here is a perspective from a tenant whose first language isn't English:

No fines, low compensation. If I resume yesterday's hearing, a landlord has the right not to do repairs and to treat you like shit...so why do they have laws??? The thing is I'm petrified when I talk to the tribunal and to the landlord so I can't express what I want to say. I even forgot I had a notice to vacate!

The notice to vacate as been cancelled but the landlord hasn't been fined for abusing it! Out of the over $10,000 I asked for compensation (I did "over ask" on purpose) I will get $77!!! Even though I pointed out that the real estate agency abused their power, didn't respect the RT act etc, they got away with NO FINE! Conclusion: I am really pissed off!

5. Give tenants an enforceable right to safety. Make carbon monoxide detectors mandatory. Get inspectors out there checking houses for faults. Give them the power to fine landlords who do the wrong thing.

6. Do a human right analysis. Residential tenancy laws were enacted before the Charter of Human Rights and Responsibilities 2006 was enacted. Get rid of open inspections for a start. They're a complete violation of privacy.

7. Move away from regulating contracts to regulating housing. It's an important distinction. Begin to standardise laws across different kinds of housing. Why should people renting caravans have less rights than other kinds of tenants?

8. Legislate for minimum standards. Tenants pay for and expect housing that ticks all the boxes i.e. heating, ventilation, waterproofing etc. Is it not too much to ask? Inspect houses before they are leased and don't annoy tenants. Make landlords pay for telephone/internet sockets and TV antennae ports. Why should tenants pay? It is the landlord that owns the property and benefits from these things being installed.

9. Give tenants security of tenure. And flexibility for when the unexpected strikes. Not everyone has secure ongoing employment. I don't know about you, but I can't predict what will happen in three years. Compensation for moving costs would also be great.

10. Implement time limits for repairs. Even New Zealand has done it. Everyone's sick of waiting. It's seriously not that hard....

Renting out? Show some respect...

2015-09-05T05:51:00.003-07:00

LGBTQI people continue to experience harassment and abuse simply because of who they are, sometimes this prejudice comes from landlords and letting agents.

Transgender people may find themselves renting from openly intolerant or disrespectful landlords. At a time when they most need a supportive, welcoming environment, these tenants will be placed at risk of abuse.

This is illustrated by the following example. An Aussie landlord decided it was okay to ask his young transgender tenant completely inappropriate questions.

I just wanted to share something that happened to a friend of mine who recently moved up to Brisbane. My friend is a young Transgender woman in her early 20's and, unless she mentioned it, you would never know. In this case she decided to be upfront purely because she is a very honest person, the result was pretty disgusting.

I wish I could name and shame the landlord but my friend prefers not to say who, but I would like to still post this to show the attitude of some people who seem to think that when a person is Transgender, they give up their right to be treated with respect and shown a level of dignity. Transgender people are not freaks, they are not peadophiles nor sexual perverts, they are normal people trying to live their life true to themselves.

Even though landlords and their agents perform an important public function, they are not required to undertake training on diversity. Landlords don't have to undertake any training at all, despite the impact they can have on the lives of their tenants.

The Property Services Training Package (CPP07) is a set of nationally endorsed qualifications and competency standards. In Victoria, for example, the Certificate IV in Property Services (Real Estate) prescribed by the Business Licensing Authority is based on that framework.

While there is some recognition of the importance of diversity in the national framework - it could be better, the Real Estate Institute of Victoria (REIV) in its overview of the 24 units doesn't even mention diversity let alone equal opportunity for the LGBTQI community or any other minority.

The private rental sector should be a safe space for all, including members of the LGBTQI community. Here are some pointers for landlords and letting agents:

Don't ask your tenants if they are gay - first of all because it's none of your business and second they might be concerned about discrimination
If you are unsure of what pronouns to use - for example "him" or "her" - follow their lead and see what language they prefer
Don't ask your tenant about their sex organs or sexual practices - transgender or not - it's rude and unacceptable
If you're not sure how to refer to your tenant's partner, instead of using the "friend" euphemism, ask what term they prefer
If you want to show your support - place a sign in your window saying "The LGBTQI community is welcome here" or better yet "We support marriage equality"

Members of the LGBTQI community are equally deserving of our respect. A little sensitivity goes a long way.

Tenancy laws: Not worth the paper they are written on

2015-06-04T04:33:00.000-07:00

Tenancy laws are so badly drafted they are not worth the paper they are written on. The loopholes are so big dump trucks could drive through them. In this story, the tenant was evicted only two months after moving into the rental property.

Under section 86 of the NSW Residential Tenancies Act, a landlord can terminate a lease prior to the end of a fixed term contract if the premises are to be sold. The tenant was aghast when told there would be weekly open houses and photos would be published online.

Two months after signing a new lease for my current rental property, it was put up for sale. I have no problem with the real estate bringing potential buyers through the property but the agent is insisting on conducting open house inspections for anyone who wants to haphazardly waltz through my home for 4 Saturdays in a row between 10-10.30am.

He also insisted that on Monday, he will be coming into my home to take photos of the inside of my property to whack all over the internet for advertising purposes. I also have been granted permission to have tenants in the granny flat at the back of the property. All the photos being taken and the continuous open house inspections are really invading their privacy as well.

I raised these issues with the agent. His response was: "I have always done open house inspections and taken internal photos on all houses I sell. I intend on doing it, and if you don't like it, feel free to give 3 weeks notice and move out."

I don't deserve this. I am a good tenant with good references and a brilliant rental history. My property is always clean and tidy and my rent is always paid well and truly in advance.

The use of images of tenants' possessions without permission is prohibited only in Queensland and Tasmania. In other jurisdictions, tenancy legislation does not specifically prohibit the taking of photographs.

While tenants have a right to quiet enjoyment, landlords also have a right to access in defined circumstances. It is unclear whether agents can take photos of the premises inclusive of tenants' possessions.

The tenant eventually convinced the agent not to publish the photos but discovered some pretty interesting information.

The real estate has actually now agreed that they will not do the internal photography. But the latest info I have is that the landlord actually did this exact same thing to the last tenant.

The landlord had the house for sale and took it off the market while he got a new tenant signed and then later re-listed it for sale. It turns out that my asshole landlord is a repeat offender. The proof is right there. The great thing is agents cannot remove this info.

Since this new evidence came to my attention, I have now requested that the landlord now reduce my rent by 30% from the date that it was re-listed. And also that the landlord pay my relocation costs. They have refused so it is now a matter for tribunal and with the evidence I have I will certainly win hands down.

By pretending he was selling the property, he could lawfully show the property twice a week. If it were to be rented, it could only be shown in the last fourteen days. See section 55 of the NSW Residential Tenancies Act.

Information is power. Historical information about rental properties is available online. Tenants can obtain free property profile reports from Onthehouse.com.au. Another good website is Myrpdata.com. The site costs money but it provides more detailed information

You can find out:

when property is bought
when property is sold
when property is available to rent
when property secured a tenant
when tenant moved out
when property unlisted or relisted for sale
managing agents
sales price for property
how much property is rented for each week

See more:

Jane Lee, ‘Tenants' privacy concerns prompt review into photographing sale properties’ (The Age, 6 August 2014)

Renting privately - It's a joke

2015-05-20T05:06:00.003-07:00

This is a well-written account of what renting in the private sector is like, and fairly accurate depiction of the challenges tenants encounter - from a lying thieving landlord to a hapless hamstrung council and finally to a disinterested gullible tribunal.

We moved from Warwick to Caboolture in early March of 2008 after our first experience of a ratbag landlord. We lived in an old-style house with, as it would turn out, a large number of issues (which of course you don’t find out about until after you’ve moved in). Issues that came about after moving in included asbestos in the outside laundry, a dangerous taped up wire with a light-bulb at the end of it that was utilised as a light near the filthy stove, doors where the wind just blew through the frames, a hole in cheap stained glass window, an electrical system where you couldn’t use the heaters and teakettle at the same time. It was the sort of place where the owner/realtor only did about three inspections in the two years we were stuck there.

"There should be a law that issues like this and other urgent issues are dealt with immediately by tradesmen regardless of whether the owner wants to or not."

We got away from there but lost a chunk of our bond for bogus reasons but moving to the coast I didn’t have the time or strength to fight (I’ve since learned it wouldn’t have made the slightest bit of difference if I had).So we moved Caboolture into a house where we were to stay from March 2008 to roughly September 2012. We didn’t have any problems with the real estate agent who was in charge of the property, most issues were fixed pretty quickly except for the flooding (the yard was to require drainage which was eventually put in after the 2010/11 floods). There should be a law that issues like this and other urgent issues are dealt with immediately by tradesmen regardless of whether the owner wants to or not.

The owners we got chatty with, they seemed like decent people, we did what we could like with new taps in the laundry and a small rose garden in the front, though there was so much wrong with the place I felt sorry for those who bought it. They were talking about getting married and how they couldn’t afford it so we made a few suggestions but unfortunately they sold the house, which caused us to move again. I will add during the time after being on the government housing list for approximately eight years, of course the rules were changed so we didn’t qualify anymore. It was from this point I began to suffer from stress and the fear of being homeless started, a feeling which goes on to this day.

This house we moved into was honestly great. Plenty of room, the neighbours were the real deal, very friendly, etc. It was hard work cleaning up the trash from the trees that fell in the yard. We were only in this house a year because a realtor came to value the place, at the same time telling us it was being valued for sale which turned out to be a fallacy but we couldn’t hang around; so we moved again, this time into a house that was to prove to be the biggest nightmare ever (to date).

"It was from this point I began to suffer from stress and the fear of being homeless started, a feeling which goes on to this day."

The landlord and the realtor were friendly at first, with the realtor saying she was happy to see us get the house (don’t know why). Almost from the beginning things went wrong with the house. The toilet consistently blocking, the cement slab at the back shed dust like a big desert storm and covered everything in the house with the right wind gusts, the thermostat or something on the top of the stove went kaput which meant we couldn’t control the heat from low to high under the pans.

The roof of the back patio was tinfoil which was to cause a series of medical issues for us later on. As I said the toilet in the house kept blocking up, resulting us in using large bottles of caustic soda which sort of worked, we are sure the toilet is the size of a child’s toilet. A year and a half later the owner (who did most of if not all the repairs and wasn’t even a handyman by any stretch of the imagination) dug out the sewer pipe at the side of the house, we left him to do the work not thinking he was as big of a scumbag as he turned into.

The day after we received a phone call from the second rental manager who took over this property, she told us that he had called her and said that the pipe was blocked thoroughly with sanitary pads and that we did it. There were several odd things about that, a plumber said that it was odd because he had never known water to flow uphill, completely against the laws of gravity, from the house (plus two of us didn’t use such things anymore).

Maybe he thought he could put it over three women? Nobody knows. Despite all that we argued about how the pipes did not look to be a sufficient size for water sewage pipes and we’d built our own home in the past so we knew the standard size. The owner said “you can get a private plumber to check things and pay for it if you want”, so we thought the best way to do that, find out what the regulations were, was to contact the local Shire Council and we did.

We were put in contact with a plumbing inspector, we told him the story from start to finish and he asked if he could come around to have a look, which we accepted. He said he’d have to try and contact the owner and find out what the application number was for the second toilet the inspector said there was no record of it on their files, nor the sinks against the back wall of the house. They had been in the kitchen and were removed when “new” ones were put in.

"A fair country is what Tony Abbott calls Australia, I don't know which Australia he lives in but it's not this one."

The owner as it turned out did all the building work and the plumbing work himself (and this certainly shows). The council had trouble trying to get hold of the owner, much less getting him to do anything. A plumber was eventually called when we kept complaining, he dug open a ditch which exposed a sewer pipe and lid. In this pit and in the pipe were plastic bags that look relatively new-the owner no doubt put them there when you guess why. The second plumber used a spade to open the lid of the pipe and inside there was a rather large lump of something blue, the plumber said it was glue - no wonder the pipe gets clogged, the lump was large enough to block it.

Flooding of the back porch was to prove to be a significant problem during the times when we got any heavy rain. Onto the back porch and between the sinks and the wall of the back of the house/doors (photos available) was a drain which only served to trap water long after the rain had gone as it was built wrong (of course) and flooded into the garage.

The shed also leaked so we had to keep everything on the porch, couldn’t leave anything on the rotary clothes line as it was under a large mango tree which the local bats loved. They would feed on the mangoes and then drop the leftovers, along with their faeces/droppings which could drop onto any washing on the line, the same with all the other birds that used to love the tree.

Also because of the thieves in the neighbourhood (we think it was the neighbours but with the stuff the owner stole it could have been him who stole six of our best bath towels among other things). We complained about it for ages, nothing was done, then the rental manager came to look at the list of issues I had brought up. The owner said ages before this that he’d cut the tree back, at this inspection the realtor dissuaded him and out of moving the rotary line, instead building a temporary one which we declined because we doubted it would ever be built and if it was with the owner’s lack of ability as a handyman, that’s a scary thought. So we’d long since put up rope lines on the back porch under the tinfoil roof that also leaked when it rained. It was during the inspection that mum suggests a couple of alternative ways but the realtor just told her to “shut up”.

We also had long since complained about how the windows didn’t lock, this was ignored too so we used dowelling rods in the runners it was only fixed not long before we moved out and after the owner had been given a Remedy Breach notice which he ignored until it ran out. The exhaust fan over the stove only went as far as the roof and began to rattle, but again that was ignored.

The Tribunal we finally went to was useless, the owner was represented by the realtor but I as a tenant was on my own. We did finally get the chance to move out at least a few weeks early but that didn't prove easy. The exit inspection list included a dented fence that we didn't do and the realtor and owner walked past to enter the property for months and did nothing, a tatty old curtain that I'd love to have tested to see how old it is, a laundry sink that wasn't cracked till we moved out all of which we have to fix because we are responsible for everything that happens on the inside of the fence whether we were there when it happened or not. A fair country is what Tony Abbott calls Australia, I don't know which Australia he lives in but it's not this one.

I think the outrage tenants feel stems from the gap between their sense of fairness and current laws that so easily permit abuse. It is clear that some landlords, not all, know how to bilk the system. And it's our politicians that are letting tenants down. You can't tell me that the law strikes a fair balance between tenants and landlords.

Illegal boarding houses: Our young kids at risk

2015-03-25T02:03:00.003-07:00

A young woman in her teens has contacted Bad Landlord Australia with concerns about illegal boarding houses in Sydney's inner suburbs.

We can't tell you the name of the slumlord. He goes by the name of Jason but we are pretty sure that is a fake name. This is a strategy landlords use to avoid being sued. You can't go to tribunal if you don't know the name of your landlord. We do know the address of one boarding house and that is 16 Mary Street, Surrey Hills.

There are cockroaches, mice, rats and fleas with lead paint pealing off the walls. The slumlord stores things he's taken off the streets causing a major fire hazard and resells them for a profit. The guy either doesn't know or doesn't care about his legal obligations. He makes the residents sign an A4 document saying things like no visitors, no downloading, etc. When people question him, he forcibly evicts them using threats of violence.

We also know Jason owns more than one property. The lass was shown five other rooming houses in a similar condition of disrepair. Knowing they are desperate, he lets to young kids and international students.

This is not good enough. At a bare minimum, we should have access to affordable housing without risks to health and safety. In coming weeks, I will take a look at the Boarding Houses Act 2012 (NSW).

Part 4: Two sides to every tale

2014-11-07T19:57:00.002-08:00

This is the fourth part of a series we are running on Gartea Property Management. Alice has been dealing with Ms Van Beek, a property manager. She has asked us to publish her side of the story. We are happy to oblige.

The tenant has always paid her rent in a correct manner. Since she has moved in, the unit has a new dish washer, new sink, new dryer, cook-top and range hood. I believe she has been very well looked after in regards to her surroundings. The unit was clean, freshly painted and new carpet was laid prior to her moving furniture into the unit. The tenant checked off and signed an entry condition report. This happened in mid December 2013. Regarding allegations about the angles of photos, I have a large number taken prior to her moving in and these will stand up to any scrutiny.

In April she started asking for her bed bugs to be treated quoting it's the landlord's responsibility to treat of bedbugs. I obliged by sending in professional pest control in April, then May and early July, then late July. She has been given sixty day notice to vacate the premises, as she was breached in late September for the cleanliness of her unit. In September, we were suppose to carry out the inspection and termite inspection, we walked in and her unit was extremely dirty, Alice said we could not do it as she is not ready. The unit was still very dirty, inside the kitchen cupboards were very dirty, the garage was filled up with bags and bags of rubbish and clutter and old mattresses.

I also noticed one bedroom the mattress had no cover on it and the condition of the mattress is alarming, old and dirty looking and torn. The notice was served because the tiled floor was so dirty and greasy, a far cry from how clean it was from when she moved in. Eventually I issued her with a notice to leave without grounds rather than renewing her lease. So she has to vacate and find another accommodation by end of December. If they can’t keep a unit in some basic form of "liveability" you cannot expect things to run smooth.

Alice did not know there was to be an inspection on that day. This is a clear breach of right of entry laws that require notice to be given.

Ms Van Beek has supplied us with photos as proof of her claims. There's only one problem. They are photos of an entirely different house.

Compare this with photos of the house actually in question.

Ms Van Beek has probably been getting away with this for years. When you go to tribunal, always make sure that you view the photos given to the member. She has also supplied us with pictures of the house being cleaned. But we don't know if they are of Alice's house or if they were taken at that time. Time stamps can be faked.

Ms Van Beek has also supplied us with a photo of the garage. Compare it to what the garage actually looks like. I suspect most garages would probably look like this. There is nothing stopping property managers from trying to use old photos of the premises.

Ms Van Beek has also supplied before and after photos of the hallway carpet. She claims this is proof of new carpet being laid down. This is incorrect. The new carpets were installed AFTER Alice moved in and not BEFORE and that's why they got bedbugs.

Dearie me, whatever happened to wear and tear. After two years, any hallway would probably look like this.

This is a really serious issue. Fake photos can be used to cover up fraud. If the money isn't going to cleaning, where is it going? How does a tenant even know if funds have been applied to the property? In practice, the power to breach a tenant for lack of cleanliness can be abused. The real photos show that the premises are in good condition.

We will keep you updated on any developments.

Postscript. Ms Van Beek admits she made a mistake "accidentally" forwarding the wrong photos.

Part 3: Bedbugs

2014-11-03T18:21:00.003-08:00

This is the third part of a series we are running on Gartea Property Management. Alice has been dealing with Bonnie Van Beek, the property manager. In the second part we looked at how property managers keep tenants browbeaten. In this part, we are reveal how property managers avoid their statutory duty to provide health and safe properties.

Under s 185 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), landlords must ensure that premises are fit for tenants to live in, and not in breach of health and safety laws.

Here are some of the photos of how we have been affected by the bed bugs. These are the bites me and my baby received. This was the first time she paid for the Pest control professional to come in.

The landlord paid for the first few times for the pest control guy to come in but now refuses to pay for it anymore and says that it is my responsibility. The bed bugs have not completely gone and now my furniture is infected which I will have to get rid of when I move out. I have spoken to neighbours, who have said, the previous tenant before me complained of bedbugs. I also spoke to the previous tenants from the unit adjoined to us, and they also complained about bed bugs. The landlord refuses to believe it and said that I must have brought them here. I have never, ever had bed bugs. I have been told by the pest control professional that it definitely is bedbug excrement and I have the photo’s to prove that it.

She has also refused to pay the pest control guy again for taking care of the bed bug problem even though it was here before I moved in, and so now I will be put out of pocket because I am paying for a problem that was never mine. I will get the pest control guy to come in myself (because the landlord will not pay for it) and I will get him to write a statement to say that it is bed bugs. She also tried to say that it was my responsibility for all pest control because of the by-laws but she left out the parts where it says that it is only if it is in a pest free state before moving in.

Residents are usually unable to contact former tenants to confirm whether the bedbug infestation existed before they moved in. Property managers are unlikely to provide contact details to tenants because this would support their case. Alice was lucky because the previous tenants had spoken to their neighbours. Including special contractual clauses making pests the tenant's responsibility is a deliberate strategy. It often confuses tenants who might be unaware of their rights under the Act.

Postscript. Ms Van Beek claims this photos is evidence that the bedbugs came from the tenant's furniture. Somehow we doubt that very much. All we see is an old torn mattress.

Part 2: Keeping tenants browbeaten

2014-10-31T03:08:00.002-07:00

This is the second part of a series we are running on Gartea Property Management. Alice has been dealing with Bonnie Van Beek, the property manager. In the first part, we looked at how condition reports are used to exploit tenants. Now we are going to look at what property managers do to keep tenants browbeaten.

Alice contacted Ms Van Beek and raised concerns as to the misleading and deceptive nature of the condition report. But no reply. No response. This is a strategy. Property managers know written communications can be produced as evidence at tribunal. This is very upsetting for already stressed and distressed tenants. If you're dealing with someone dodgy, record phone calls and keep text messages.

Ms Van Beek went on the attack and issued a notice to remedy breach. And again, this is a very deliberate strategy. It's called throwing mud. If you throw enough mud at someone, sometimes it sticks. And some unwary tribunal members fall for this trick even though they really should know better. Property managers know that tenants are unlikely to respond to these notices.

Property managers try to get around the rule that notice be given for inspections. Ms Van Beek falsely alleged that the house was not in a clean state. But she didn't even view the house. She spoke to the repair man and the pest control dude. This is just another loophole that needs closing. This is what Alice has to say:

I also received a notice to remedy breach today which was dated the 30/09/2014 which said "please clean up unit as it is in extremely dirty condition" (her exact words). Now this is a lie. She had not even come on to the property and seen the house and there was no routine inspection scheduled. I tried to ring her phone but she never answered and I tried to go to the office but she wasn't there. So my brother rang off his phone and she answered. She said that the maintenance guy and the pest control guy reported this to her which is why I got the notice. My house was not extremely dirty and I am deeply offended by the accusations. She never came to inspect the property herself nor does she have any supporting evidence.

Oh and by the way I rang the pest control guy and he denied saying anything to her about the state of my house, all he can say, is if there were obstacles in the way that blocked him having access to certain areas and completing his job, nothing about the cleanliness. I have yet to speak to the maintenance guy about the issue. So I also spoke about this to the RTA and they said that she can report a notice to remedy breach for pretty much anything but I do have a right to dispute it, which I am doing at the moment. I am so shocked at my treatment and it is unbelievable the lengths this landlord is willing to go to make me look bad. I pay $370 for this house and I keep it well looked after others pay $390-$400 a week for the same house.

Ms Van Beek has also issued a "no-grounds" notice and failed to specify the correct dates according to the law.

And also, the notice to remedy breach form that was issued to me on the 31st of October 2014, except my lease runs out on the 18th of December 2014. She has put the dates from the 31st of October 2014 to the 31st of December because she knows that you have to give at least 2 months notice to issue a Notice to leave without grounds. However the real notice period she has given me is 6 weeks and 5 days. It also has to be agreed to by both parties (because it is a fixed term agreement), yet I did not agree to it.

Alice also received a letter advising her that the rent would go up $30 per week if she decided to renew the lease. The lesson here is to check all notices you receive carefully against the Act.

Alice is firmly of the view she has been targeted because she stood up for her rights. In the next part, we will look at how property managers dodge the duty to provide safe and healthy premises. Stay tuned, it's a doozy.

Takeaways

Keep texts or save as images on your phone for use in legal proceedings

Record conversations when talking about legal obligations

Postscript. Alice spoke with the maintenance guy and told him that Bonnie alleged her house was not clean. He said he never wrote a report and that Bonnie had asked him what her house looked like.

Part 1: Fraudulent Condition Reports

2014-10-15T00:47:00.000-07:00

This is the first part of a series we are running on Gartea Property Management. Alice has been dealing with Bonnie Van Beek, the complex manager. Bonnie owns a few of the houses and is a member of the body corporate. We are going to explore how condition reports are used to exploit tenants.

When Alice moved in, her landlord made her sign the condition report without letting her make comments:

The day that I signed the lease, I came to inspect the property again so that I could complete the entry report (take photos; write down comments, record any damages, marks, etc). My landlord approached me and told me not to worry about the Condition Report because everything that needed to be noted had been done so, and I believed her. She then made me sign the Condition Report and off she left, without giving me a copy. Little to her knowledge I had already taken a few pictures when I initially came to the viewing (unfortunately they are not as detailed as they would have been had I taken photos for the entry report, but I have them). Nine months later, I remembered that I never received a copy of the Condition Report.

This is a clear breach of Queensland’s tenancy law. Tenants must be provided with a signed copy of the condition report before they move in so they can protect themselves legally by noting any issues. Alice did the right thing taking photos when she first looked at the property. If you think you are dealing with someone dodgy, and you have the time and the inclination, it's worth doing.

Here are the photos Alice took when she first inspected the property:

The plot thickens. When Alice eventually received a copy of the condition report, she realised there were many inconsistencies:

The house looks okay, its looks clean, there does not appear to be any problems. But there are no close-up pictures of marks on the walls, and it seems the camera was angled purposely to insure that any marks or damages cannot be seen. You can clearly see that the Entry Report was falsely filled out on purpose.

Here are the photos taken by the agent:

Alice has listed all the differences between the condition report and photos and the actual condition of the house and yards:

Almost everything in the report had been checked off as clean and undamaged. A lot of issues, such as marks on the wall, aren’t even mentioned.
The photos that the landlord supplied are few and not in detail (no close-ups). They are printed onto paper with each photo being small in size and not very clear. It is almost impossible to see any traces of smudges, marks or damage due to the poor quality of the photos. It is also noticeable that the areas where I HAVE found there to be problems, have been purposely avoided.
There are also photos missing of the back yard, where there are large dirt patches from the previous tenant.
In Bedroom 2 there are cigarette burns on the window sill. The blinds were deliberately closed in the photos so they could not be seen.
There are four blinds missing in Bedroom 3. There is no mention of this in the Condition Report.
The Condition Report also refers to “New Carpets”. There were no new carpets when we first moved in, although landlord did mention that she might put in new carpets. I sent an email requesting receipts to which she never replied.
The place wasn't in the best state when I moved in and I know it wasn't professionally cleaned either. When I asked for a receipt from the cleaners I was ignored. There were marks on the walls which I had to scrub off before moving in (unfortunately they can't be seen in my photos) and when I told my landlord, she said that the house was newly painted before I moved in. When I requested a receipt from the painter and the date I was again ignored.

There is definitely a difference between misleading the tribunal and presenting your case in a favourable light. I looked at the Queensland Civil and Administrative Tribunal Act 2009 (Qld). Under section 216, a person must not state or prove a document to the tribunal that is "false or misleading" in a material particular. In this instance, the evidence shows that the claims are factually incorrect.

This is not a trifling matter. A few blinds, some tiles, a paint job, and new carpet - and you're definitely losing your bond. If you don't get your bond back, you've got to come up with all that money to pay for the new place. If estimated damages are more than the bond, then you could easily end up on a tenant database. And you could end up homeless. In exchange, the landlord gets a windfall and a free renovation. The worst thing is you don't even know if the money goes to repairs (unless you're friendly with the neighbours). This is probably why the housing stock in Australia is of such poor quality.

But Alice is going to fight this injustice. In the next instalment, we are going to look at strategies property managers use to keep tenants browbeaten.

Takeaways

Don't trust your agent to do the right thing
Remember to take photos of the property when you move in
Make sure the photos are time-stamped
Note every tiny little issue on the condition report

Are you serious?

2014-08-29T19:57:00.004-07:00

A very serious matter has been brought to my attention. A tenant at her wit’s end contacted me with concerns about a tribunal decision. Since I started the blog, I have heard many shockers. This is a prime example of bad treatment, not only by landlords and property managers, but the justice system as well.

Rosalie’s landlord was stealing her electricity. He was tapping into it while building a new unit in the backyard area. Believe it or not, this is a big problem. I have heard complaints of this nature before. Everyone knows the cost of power has gone through the roof. Pensioners are rugging up because they can’t afford to pay their bills. The Grattan Institute has been doing some really interesting work on this subject. In their view, Aussies are paying too much for power. In the last five years, the average bill has risen by about 70%. This has been attributed to the Gillard’s carbon pricing reforms, when really it’s the price-gouging operators. So basically, it’s really important that tenants are charged fairly and accurately for their power consumption.

So Rosalie went to her property manager and complained. The property manager proposed that the bill be split with the landlord. She says to Rosalie, ‘Just give me the bills, I know how to work it out. I do it all the time’. Do they take tenants for fools? Rosalie knows her rights. The Residential Tenancies Act 1997 (Vic) is very clear. In cases like this, the landlord is to take full financial responsibility. There is a very clear policy reason. It is unfair on tenants to pay when their exact power usage can’t be determined. With respect to rented premises, there must be a separate meter. Section 52 states:

A tenant is liable for all charges in respect of the supply or use of electricity, gas or oil in respect of the tenant's occupation of rented premises that are separately metered...

This is what Rosalie has to say:

They have no right asking to look at the bills but they do and I imagine tenants not fully knowing their rights just hand over their private bills. It’s bullying. I spoke to a lot of electrical technicians, AGL, sparkies, engineers, and REIV - they all said that there is no way that anyone can work the bills out or split them accurately, that’s why the owner has to take it over. I didn't hand over my bills; I just wanted the owner to comply with the Act from the day the connection was made.

The plot thickens. Rosalie decided to go to tribunal. The tribunal member tells Rosalie’s landlord to credit her bill. So the landlord has turned around and evicted her.

...when the member at VCAT also tried to work it out I nearly died. So the tribunal member tells the owner to credit me $500 for the first 3 months and then to credit me $100 per month after that until the construction is finished. But get this one - Now I’ve been given notice to vacate - 'owner to renovate' - which means that I won’t get to make good use of the credits. Now the owner is using my power to run a cement mixer because he's putting up the new fence. So now he’s just taking all the power he wants and I feel helpless to do anything about it.

It’s not like he’s living next door, he’s building a bloody house! I am seriously concerned about how VCAT treats tenants. Out of all the states and territories, Victoria is notorious for its treatment of tenants. The President of VCAT agrees that there is a problem. In a 2009 report, he says there are “serious deficiencies” in the accessibility of justice to the Victorian community, particularly tenants. He says:

In the residential tenancies jurisdiction, the tribunal has been very successful in delivering access to justice to landlords, but tenants are not exercising their rights to the same extent. About 95% of applications are initiated by landlords, most of them online. About 80% of those go ahead undefended without the tenant appearing at the hearing.

On our Facebook page, there are tenants, property managers, and some landlords. The tenants say the tribunal is biased in favour of landlords, the landlords say tenants have all the rights. Well, this is a very real and concrete example of unfair treatment. The law is not protecting tenants from exploitation. It’s not only the law; it’s also the way the tribunals and courts deal with matters.

There is this thing called the rule of law. Everyone is supposed to be treated equally. And I don’t think tenants are treated equally. So stay tuned, we will bring you more on this saga. We might even name and shame...

See more:

Time for Strategy: Part 2

2014-08-16T23:37:00.000-07:00

It's been a while since I wrote my first instalment on the eviction of public housing tenants from Sydney's harbour front - Millers Point, the Rocks, and Dawes Point. As promised, I am going to look at potential strategies and tactics residents can use in the resistance.

But first, here's an update on what's happened so far...

The NSW Liberal Government has been doing a pretty good job of screwing over elderly, the disabled, the working class, the vulnerable, and the disadvantaged. The taskforce on Sydney's housing affordability crisis has not met in over a year. But is has gotten rid of strict heritage rules for property developers. We also know that the government feels comfortable cooking the books to hide the deadly effect of sell-off. There has been reports of hospitalisations, a heart attack, and at least one suicide. Some excellent reporting from Nicole Hasham, Sydney Morning Herald.

How do they sleep at night?

And also, the campaign to save Millers Point, et al...

The indomitable Barney Gardner has been front and centre of the campaign. There has been sustained media attention from mainstream and alternative media, mostly sympathetic. Social cleansing. Two-legged rats. Let's not forget that the residents took on the government in the 1970's, and won. The government is experiencing getting its message across. Good. There has been some really good fundraising initiatives, from t-shirts to family days. Great. You can't run a campaign without money. If you have coins to spare, please consider making a donation.

But, have they won..?

Nope. The government has pressured some residents to relocate, but many are refusing to move. We understand 102 households have accepted offers of relocation but a further 291 at Millers Point and the Rocks have not accepted the offers. The hard data is a little sobering, but we must remember this is a David and Goliath battle. The NSW Liberal Government has employed questionable tactics from the very start. It has been inundating residents with casual drop-ins, telephone calls, texts, letters, and interviewing residents with no lawyers, guardians, or support persons.

I could think of a few choice words to describe this behaviour, but I will restrain myself. Indecent. Immoral. Unethical. Unconscionable.

What else can be done..?

We need to dig in our heels and up the ante. Labour in opposition is opposed to the fire sale. The next NSW election is scheduled for next year, March.

Delay, delay, delay

It is difficult not to link the Millers Point sell-off with claims of large-scale and systemic corruption. Property developers have been banned from making political donations in New South Wales since 2009. We know now that members of the Liberal Party have been accepting bribes from property developers. There has been talk of bundles of cash. I wouldn't be surprised if the Independent Commission into Corruption (ICAC) is quietly investigating the sell-off. Eight MPs have stood down, including former Premier, Barry O'Farrell. In light of this scandal, the sale of Millers Point is hardly tenable. If I was Mike Baird, I would be seriously reconsidering this decision. If anyone has any information, please come forward.

Ramp up the resistance

We've got to ramp up the resistance. There comes a point where no matter the community outrage, the government forges ahead with its plans. I would be talking to trade unions to see how they can help. I would refuse to comply with eviction and other notices. I would be picketing inspections and auctions of the properties. I would be employing peaceful resistance tactics. I would be holding prayer vigils in parliamentary offices.

Above all else, tenants must stick together no matter what. I have seen Channel 10 interview homeless people for their views on the sell-off. This is part and parcel of the NSW Liberal Government's strategy. Divide and conquer. As I've said before, I highly doubt the Liberal Government is going to reallocate funding to housing. Look at the evidence.

Media Coverage:

Tim Barlass, 'Rats plague vulnerable elderly of Millers Point, UN told' (Sydney Morning Herald, 3 August 2014)

Kate McClymont, 'ICAC told former police minister Mike Gallacher was 'orchestrating' illegal donations from Nathan Tinkler's property development company' (Sydney Morning Herald, 13 August 2013)

Nicole Hasham, 'Heritage rules scrapped for Millers Point buyers' (Sydney Morning Herald, 12 August 2014)

Nicole Hasham, 'Government downplayed death warning at Millers Point' (Sydney Morning Herald, 10 August 2014)

Housing through the eyes of disability

2014-07-04T22:34:00.001-07:00

The other day I was reading stories of people with disabilities in their own words. It became obvious that special-needs individuals need a fairer go in housing. The stories resonate with me because a family friend is a full-time carer for her husband who is in a wheelchair. I have collated some quotes to provide a snapshot of the challenges people with disabilities face accessing appropriate housing.

Affordable housing

“The mining boom took hold with accommodation shortages, and rental prices sky-rocketed. We had to find cheaper accommodation. I contacted Department of Housing to discover that we would probably qualify for Homeswest housing, but that we could not specify the suburb we needed to be in, and the waiting list was long. I explained my desperate situation but it didn’t seem to matter. I could not be transferred through to the man I had been recommended to contact. We didn’t really know what to do about Sam’s schooling, but we knew we could not live in a typical low socio-economic area as our sensitive boys would not cope. At the eleventh hour we found a private rental house in Canning Vale and jumped at it to avoid living in a tent in my in-laws backyard.”

Accessible housing

“It has been a struggle to find accessible housing, and when I was evicted from my private rental 3 years ago, it took the Department of Housing two years to find me somewhere accessible. This resulted in great physical and mental stress. Again, I have NO family support at all, and have to do everything for myself - something that most able-bodied people can't do, even yourself.”

Appropriate housing

“I’m forty nine and I live in regional WA. I used to work in a pretty physical job. I lost my leg when I contracted septicemia...When I left, I went home with no leg and no support at home. It was pretty hard. I had a wheelchair but I couldn’t get to the toilet because my house wasn’t cut out for it.”

Adequate housing

“That, compounded by my cerebral palsy, means that I am now on the DSP with my husband as my full-time carer. My marriage has suffered unbearable strain and we are now living in a caravan and basically broke because the only information you receive is through talking to someone else who has already been there and then there is the stress of dealing with uncaring government departments like Centrelink and Homeswest.”

Safety and security

“I have a form of muscular dystrophy called Facioscapulohumeral. Muscular dystrophy is a degenerative condition. When I was diagnosed they told me a wheelchair would come one day. Over time my legs became weaker, it because more difficult to walk and climb stairs...There was a period of time when I couldn’t access my own home, I couldn’t get in my own front door because I could not lift my arm to reach the key in the lock. I had to get in through the side gate, and come through the back door. But I couldn’t put a padlock on it. I applied for some funding for alterations to my front door so I could come in and out. It took 12 months from the first phone call to the new door being fitted. While I didn’t have a lock on my back gate, I was vulnerable, and I had someone break into my house while I was home. It was very scary – being a single woman on my own and hearing someone coming into my home in my back window. It took me quite a while to sleep again after that.”

Losing the family home

“My child can’t be supported at a specialist school because his IQ is too high and he can’t be supported in life because there is nothing out there for him. Even basic information early on and fewer waiting lists would have made a huge difference. Now he has chronic anxiety at the age of 11 and he has talked about suicide. He has to go to high school next year and I now have to get a job, we are going to lose our house if I am not working too. I don’t know how I will do this and the financial strain and the strain on my marriage is huge. I don’t know what to do, where to go and how to fix it.”

The housing market is tough enough. But it is especially tough for individuals with special needs. I really don't think the invisible hand of the market is going to magically deliver homes to individuals with necessary adjustments. Vulnerable and marginalised people shouldn't be living in tents or caravans because the state doesn't care about housing.

See more:

House Trap - Funny story, serious message

2014-05-29T00:32:00.002-07:00

The following is an original piece by T.M. Collins. It was first published by Quadrant in 1993. It says a lot about attitudes with respect to pets, privacy, and repairs. Very insightful.

Leaving the flat I noticed the Trebles hadn't taken in their milk. Must've had a wild night, I thought, reversing the car out. People of their age, in their seventies partaking in sexual activities that people half their age wouldn't do. The neighbours reckoned they had aids. I knew they did. Being the landlord I was able at times to enter the flats for routine checks. On one such occasion I found the aids, sexual aids in an old shoe box under their bed. When I found the box it was just protruding from under the bed. But it was none of my business what the tenants did as long as it was not illegal. The old pair also kept six mice as pets. Pets were against the rules but I let them have them for the company. I hoped someone would do the same for me if I was in a similar situation. Still couldn't believe it though - people of their age, behaving like young newlyweds. Driving off I soon forgot about my sexually active tenants. Getting to work was more important. Arriving home late I noticed a police car in Trev and Sheila Treble's driveway. Entering my home I wondered what might have happened. Before too long I saw two police officers walking up my pathway. They knocked at the door. I opened it. They stood there for a moment looking me over.

"Mister Toby," asked the older of the two policemen. "Yes," I replied hooking my red suspenders over my shoulders and resetting my glasses on my nose. "Are you the landlord of these flats?" asked the sergeant. "Yes I am. What's the matter?" I asked. "The couple next door have been found dead. No suspicious circumstances. Left the gas on at the stove. We believe it was suicide. That has not been officially confirmed yet, but it is the most probable cause. We'd like to know if you heard anything or have any information that might help us." "Suicide. It couldn't have been. Not them. They wouldn't do such a thing," I answered in amazement. Maybe they died while they were having sex, I thought to myself. "No, I can't help you at all. Sorry," I continued. "Did you know they kept mice in there?" enquired the younger policeman. "Yes, I did. They were their pets," I answered. The younger policeman continued: "The man and woman were found prone in the act of lovemaking. What can you say about that?" "Nothing, I'm afraid," I said, embarrassed. "If you remember anything please contact us. Perhaps you might think why they would do such a thing. Thanks for the talk Mister Toby," said the sergeant. As they left I had a funny feeling there was more to this than what they had divulged.

I had lunch and all the time wondered just why or how they could do such a thing during sex. Perhaps they were real crazies and I didn't know it. The lights were always left on at night, in fact all night. Putting my dishes away in the cupboard I imagined them being porn stars in their younger days. Just what would have Sheila looked like years back? There was a knock at the door. A funeral parlour attendant informed me they were moving the bodies. Next morning's paper reported the death of two elderly people, gassed to death in their flat. There was no mention of them having been in the middle of sexual relations when they died. The story stated they'd gone to bed and left on one of the knobs at their stove. It quoted the police having said it was a simple case of suicide. But why only one gas burner and not all six?

I decided to visit the flat. Having no living relatives the Trebies had willed all their belongings to the local church. I'd received a call from the parish priest and he'd told me some parishioners would arrive early in the morning to clean out the flat. I wanted to check the place out before anything was removed. Plain curiosity, I suppose. Anyway I was the landlord. Inside I noticed nothing strange except four dead mice on the kitchen bench beside a loaf of bread. The Trebies released the mice at night. They believed the mice chased the cockroaches away. But there were six mice. Where were the other two? There was still a strong smell of gas in the flat as I walked through. I wasn't about to touch anything, with the police being involved and fingerprints and the two deaths. It was hard to accept that they'd killed themselves. Why would they do such a thing? Why? I decided to leave. Walking back into the kitchen I glanced across at the stove and was utterly shocked at what I saw. A mouse was running treadmill-like on one of the stove knobs. In front of my eyes the knob was slowly rotating, thereby turning the gas on. A week or so ago they'd asked me to fix a loose knob on the stove.

Time for Strategy: Part 1

2014-05-26T22:58:00.001-07:00

If you have been hiding under a rock, you might have missed the announcement that the NSW Liberal Government's is selling high-value properties on Sydney's harbour front - Millers Point, the Rocks, and Dawes Point. Public housing tenants, many of whom are elderly and disabled, are being evicted from their homes.

The NSW Liberal Government says it is going to reinvest moneys into public housing. We call bullshit. We think this is the beginning of the end. It is going to sell off its housing stock until there is nothing left. This is consistent with its user pays philosophy. The Liberal Party does not believe in having a safety net. It thinks individuals should pay whatever the market dictates. On another level, the sell-off is about class warfare. If the NSW Government succeeds, the working class will be pushed out, and well-to-do professional types will take over. Property developers are hovering, and they have much to gain. This is a struggle important to all tenants, including public housing tenants.

The tenants are fighting back. The resistance is mounting. To win, they must have a strategy for success. But first, we must first ascertain what strategies the NSW Liberal Government have in place.

1. Divide and conquer - I think they are relying on the strategy of 'divide and conquer'. The media has reported that evictees will have to endure a cruel lucky dip process for their new homes. The power of these tenants lie in their collective force, and they should resist ploys that seek to divide them.

2. Campaign of misinformation - The NSW Liberal Government went about its task in a misleading and deceptive manner. Minister Pru Goward highlighted the issue of social housing subsidies. This gave the impression that taxpayers' money was paid to tenants. Completely untrue. As the NSW Brown Couch pointed out - tenants pay rent to NSW Housing, not the other way around. By and large, I think the media has backed the residents. A plethora of articles about the sale have been published. I don't include the Daily Telegraph, it's not really a newspaper anymore. More of a blow horn for vested interests. Residents have a powerful tool at their disposal. They can rely on the media to combat deliberate untruths and falsehoods. Social media will also play an important role. The residents have a Facebook page, and a blog.

3. Class envy - The NSW Liberal Government expertly manipulated Sydney's class envy. It played into the middle classes' ambivalence about social welfare, and the deservingness of welfare (well-being?) recipients. Some of the comments on social media have displayed a degree of anger and bitterness I have never seen. Make no mistake, this manoeuvre was deliberate. We think all Aussies should have access to affordable and appropriate housing irrespective of ability to pay. There's only one way to combat ignorance, and that's education. In a fair society, we help people who can't help themselves.

5. Framing - Minister Pru Goward tried to frame the sell-off as a fairness issue. When she made the announcement on 18 March 2014, she said, 'I cannot look taxpayers of NSW in the eye, I cannot look at other public housing tenants in the eye, and I cannot look at the 57,000 people on the waiting list in the eye when we preside over such an unfair distribution of subsidies.' I almost puked when I heard her say this. I would like to know how much political spin doctors were paid to sell this decision. See how she manipulates perceptions of truth when she refers to looking people in the eye. The residents don't think the decision was fair. There was no consultation, no procedural fairness. And really, it is their feelings that matter. It is their homes, and their lives.

4. Exhaustion - The government is well-resourced and formidable enemy. Last year, Holdfast Bay Council evicted 40 permanent residents from Brighton Caravan Park. Only recently, the residents announced that they were backing down, and calling a halt to their legal battle. They were worn out. They had suffered physically, emotionally, and financially. The government knows that many of the residents don't have the wherewithal to handle a protracted fight. They are counting on it. They know people need stability. The tenants are going to need, not only financial support, but emotional support as well.

The tenants must also make a realistic appraisal of their strengths and weaknesses. As I intimated above, many of the tenants are elderly and/or disabled and don't have fantastically strong coping skills. On the other hand, many of the tenants are of the working class and are used to fighting for their rights. Some of the tenants are retired members of unions like the CFMEU. The weakness can also be turned into a strength. The government won't look good if it forcibly evicts residents from their homes. I can see it now - 'Sorry Mr Police Officer, can I please grab my walking frame before you throw me in the paddy wagon!'. On the other hand, the residents of Millers Point form a strong collective. They are organised and they don't want to lose their homes. As this is close-knit community, they have a base to work from. Stronger together, as the saying goes.

It is my view that the residents have reasonable to good prospects of success. In the next instalment, I will look at potential strategies and tactics the residents can use to protect their homes.

Millers Point: Letter to the Editor

2014-05-26T01:40:00.004-07:00

This piece was first published by The Brown Couch, a blog written by the Tenants' Union of New South Wales. It is one of the best pieces of writing I have come across. I often struggle trying to describe the significance of homes, and community ties, to renters. This writer does so beautifully. Please read.

I sit here with tears in my eyes so I cannot pretend that I do not have a deeply personal and emotional connection to the proposed removal of the social housing residents of Millers point. I grew up in a terrace in Lower fort street and my mum still lives there as she has done so for 40 years, laboriously maintaining and restoring her home (largely herself). Even if she is forced to move away, that house will always be our family home and the fact that she doesn't own it does not make that connection or the emotional distress any less valid.

When I was growing up our terrace was, like many in the area, a Maritime workers owned boarding house populated by single old men who had worked on the wharves. These men had lived here through their working life and now into their retirement. Our men were "Jocky" and "Bluey". "Jocky" was a Scotsman who I loved dearly. We watched Sale of the Century each evening and shared chocolate biscuits. "Bluey" would say "respect your mother" if I gave her too much lip and would ball room dance with me in the kitchen at Christmas.

Mum assumed responsibility for our terrace when the former landlord moved on and it was always understood that these men would stay in their home with us as long as they wished. They were family to me and my childhood was infinitely enhanced by their presence and changed by their passing. We still refer to those rooms as Jocky's and Bluey's. Times changed as did the government department overseeing the property, but it was always our home. That is our story and if you scratch the surface in Miller's point there are a myriad of colourful, complex and moving stories to be told. There are of course such stories everywhere, the difference is here all our stories are entwined and many go back generations.

I do not live in Millers point and have not done so for many years. The announcement last week was not something which was completely unexpected. Indeed the community has been living in the shadow of the threat of this for years. A shadow of uncertainty which has pervaded everyday life and had a detrimental effect on many.

Never the less, reading the media over the last few days I have been profoundly moved. These are people I know. People who are part of the fabric of this community and hence my life. I see people in the articles who helped out at the canteen when I was a primary school on Observatory hill, people who brought my dog back when he escaped because they knew he was mine and where we lived, people who STILL stop me in the street and tell me I haven't changed since I was a baby. Living outside this community now I can fully appreciate how unique that experience is anywhere, let alone in Sydney today.

The letter which was handed to my mother last week said that attempts would be made to relocate her "close to family and friends". I am my mothers family. I would welcome her anytime but she does not want to leave her home. Not because it is in a street has recently been deemed a desirable location (when 30 years ago most did not see its virtues) but because it is her HOME. Much as we love each other, My mum does she does not want to move. Her friends and support networks are in the Millers point community, her heart is there, her past and her memories are there and she has always seen her future. As do many others with deep connections to one another and to the area. The human impact cannot be underestimated.

How many people know their neighbour these days? How many would give them the keys when they go away? They do in Millers Point. People here care about each other. They attend the funeral when a member of the community passes away. A good many came and celebrated my 1st AND my 21st birthdays in our backyard. They know the older members who need a helping hand or should be checked on if they haven't been seen on their daily walk. If an young community member is courting trouble, elders of the community will engage them or their parents and express concerns. Until the local corner store was sold as a private residence in the last few years the owners would run a tab if someone forgot money for milk or offer some of their home made falafel for you to try. Millers point is a community in the true sense of the word. Community does not mean people who live geographically close to one another. It is something which evolves over time if nurtured and it certainly cannot be manufactured or constructed.

New residents to the community have told me in the park that they are thrilled to have such a welcoming and supportive community. Indeed many have expressed that they have moved here because of this. Miller Point truly is, as the state heritage register described it, a ''living cultural landscape'' with ''an unusually high and rare degree of social significance''. I can tell you this as I was fortunate enough to grow up in this community, observe the changes over the last 30 years and now visit it regularly with an outside perspective.

Miller's Point is the type of community I think most people would want their children to grow up in and their parents to grow old in. A community spirit born of continuity and time. The Millers point community can, and has evolved. From the earliest public housing and Maritime workers accommodation, it has become a mix of corporate real estate, private and social housing. My understanding is that this integrated model is now widely recommended to prevent social housing area becoming socially depressed.

Surely the largely long term and often elderly residents should be treated with more compassion and respect than is being shown. Equally a community without youth has no future and this should also be considered. The significant economic benefits of true community, and the burden this removes from social resources should be supported, allowing our city to become more viable, integrated and community minded. Millers Point is an integrated social success. It should be recognised, celebrated and not destroyed.

NT Government evicting indigenous people

2014-05-18T04:32:00.001-07:00

For months, Michael and his family have been fighting with NT Housing. Michael and his family have lived in the same house in Alice Springs for over twenty years. Michael is also a full-time carer for Steven, a young indigenous man with Down Syndrome. At first, NT Housing tried to evict Michael and his family on somewhat dubious grounds. All notices to evict have now been withdrawn.

But NT Housing hasn't given up. Now they are trying to force Michael and co into a tiny 3 bedroom place. As you can see, the property is totally under-utilised by Michael and his family.

Bad Landlord is wise to NT Housing tricks. Back in March, Michael requested that Shane, his daughter's boyfriend, be added to the tenancy. NT Housing declined the request. It said as follows:

All applications are assessed against the current public housing eligibility criteria to determine an applicant's need for public housing. There is a strict eligibility criteria to access public housing, to ensure those most in need are housed.

The thing is Shane is actually homeless. NT Housing isn't worried about housing people, something else is going on here. Who could be more in need than someone who is homeless?

On the same day, NT Housing wrote to Michael and advised he was not entitled to a 4 bedroom house. It said as follows:

It has come to the attention of the Department of Housing that your household size has reduced, which means you are occupying a dwelling above your correct housing entitlement...Should you refuse to comply with the request to relocate to a more appropriately sized dwelling or decline, without reasonable grounds, to accept the one (1) offer of a dwelling to which you are entitled, the Department of Housing may not renew your tenancy agreement and you may be issued with a notice to vacate.

NT Housing has declined Michael's request for an additional occupant to force Michael and his family out of their home. This is what they do. They offer tenants 'absolute dumps' and when they refuse, they have a reason to evict. NT Housing have not given up on evicting Michael and his family, they are employing another strategy. NT Housing have said, they want to 'effectively utilise our stock'. I don't think so.

Last year, the ABC was reporting on the evictions of indigenous families. These evictions are taking place because the NT Government wants to privatise housing.

Indigenous and social welfare advocates have raised concerns about an increase in public housing evictions in Alice Springs, which could leave many people homeless. The Northern Territory Government has been accused of fast-tracking evictions as part of a policy to sell off public housing stock to raise revenue...The Central Australian Aboriginal Legal Aid Service (CAALAS) is concerned that a ‘hardline’ approach is being taken to public housing tenants, in order to free up homes to sell.

I am concerned about the impact of this policy on indigenous families. I am told many real estate agencies don't rent to indigenous families, mixed or otherwise. If indigenous families cannot obtain housing in the public system, or in the private sector, where are they supposed to live? On the streets?

NT Housing is trying to make living in public housing so unbearable that being homeless is a preferable alternative. One thing it does is regularly invade the privacy of its tenants. NT Housing inspects every chance it gets trying to find reasons to evict people. On Thursday, Michael had yet another inspection. Michael got his camera out and started filming. If you are a public housing tenant in the Northern Territory, my advice would be to videotape any dealings with NT Housing.

Another thing NT Housing does is to hand-deliver notices. In most states and territories, this practice is prohibited in the private sector because it can be used to harass and intimidate tenants. The day after the inspection, public housing safety officers turned up at Michael's doorstep and delivered a notice from NT Housing. Michael received a notice directing him not to engage in conduct that creates 'alarm, fear or annoyance' in the vicinity of his home. NT Housing's cited reason was that Michael 'confrontational and intimidating whilst videotaping' when the inspection took place. Michael is anything but aggressive. I have talked to him many times. He is angry and upset about the way his family is being treated by NT Housing. And they have been treated atrociously. NT Housing is trying to build a case on unsubstantiated allegations. They don't like being challenged, and they don't like being held accountable.

Dealing with bureaucrats can be very difficult for marginalised and disadvantaged individuals. Tenants targeted by NT Housing have two choices - fight or end up on the streets. Michael thinks NT Housing is 'cruel-spirited' and 'vindictive'. I am inclined to agree. Tenants like Michael that challenge NT Housing are in its sights. As Michael says, it's like pushing a boulder up a hill.

I am beyond mad. This is a complete abuse of power. Shame on you NT Housing. It is not okay to pick on disabled people, and it is not okay to pick on indigenous people. And NT Housing, we are watching you very carefully.

Going to Your Member of Parliament

2014-04-22T00:47:00.001-07:00

Carol, a law student at Flinders University, has contacted me with concerns about an asbestos-ridden rental property. Carol sought help from her Member of Parliament, Robert Brokenshire. He represents the Family First Party in the South Australian Legislative Council. The real estate agency, Ray White Northgate, is not a member of the Real Estate Institute. Carol says:

I have been renting a house for about 3 years that was found to contain asbestos. Both the owner of the property and the agency have been negligent in their duty of care. They basically have ignored and attempted to cover up an asbestos problem. A notice of intent to declare the property substandard by the Housing Improvement Branch (under Consumer and Business Affairs SA) has been issued. The house is located at Heather Avenue, Windsor Gardens in South Australia. Weeks after leaving, a new tenant was living in the house. Once I left they accused me of not cleaning the house.

Asbestos is deadly and usually has micro-fibre particles that can enter the human body. Cleaning is not advisable due to the cleaning process disrupting asbestos particles. However I did clean what I could. I just didn't vacuum and dust. I have not been able to get too many government organisations to take this seriously, even though I explain this could be causing harm to people. There is now a family with a baby in this house. I eventually contacted my Member of Parliament, Robert Brokenshire, who has been in contact with the Environmental Planning Association and SA Health. He has commenced investigations through the EPA and SA Health. His office has been really good - they actually listened to me and have been active in getting someone to take action.

A few tenants have contacted me with concerns about asbestos in their homes. Asbestos is hazardous when microscopic fibre fragments become airborne and are inhaled. Asbestos-related diseases include pleural disease, asbestosis, lung cancer, and mesothelioma. The building industry used asbestos extensively in the post-war period between 1945 and 1980. Asbestos has been banned since 2003, and it hasn't been used for over thirty years. But there are still contaminated buildings out there, and landlords do not have to check their houses for asbestos. There is no requirement to take proactive steps. The issue is falling through the cracks of a fragmented housing system. Many tenants tell me government departments are unwilling or disinterested in helping them.

If tenants become aware of asbestos, most probably choose to leave the property. If they report the issue to their real estate agency, they could be exposed to retaliatory action. Agents and landlords can simply evict the tenant, or delay or contest the bond payment. Carol looked after the house, and never missed a rent payment. She says, "I feel I tried everything and this upsets me. I was a good tenant and I was in this house for nearly three years". But Ray White still contested the bond application, and refused to itemise their claims. This meant Carol had to borrow money for the bond on the new house, and she had to rely on the help of the Salvation Army. She was not able to purchase presents for her children at Christmas. Tenants are also at risk of ongoing harassment. After complaining to her MP, Carol was concerned about being "harassed" as they were not "particularly professional" during the lease.

As I have commented before, there is an extreme power imbalance between tenants and landlords. Carol’s story is just another example of agents and landlords abusing their power and causing financial hardship. She says, "Ray White Northgate have never been concerned about my health or that of my family. They have been arrogant. My intention was to negotiate with them so we could all walk away from this happy with the outcome". You can’t negotiate with a party that is holding all the cards. There is no incentive for them to do the right thing. That is why we need effective regulation in the housing space. Regulation is not going to work if it does not confront this inherent power imbalance.

Carol goes on to say:

It has now come to my attention that there are new tenants in this house, which worries me greatly. There was an inspection by All Stars Asbestos on the 14th of October 2013. Stella stated asbestos was present and was exposed due to the house moving, it was her that recommended that I leave the house. Ray White Northgate have been extremely difficult to deal with regarding this matter, with no real empathy. I was expected to do the final clean of the house as per normal lease handover instructions. I cleaned what I could as I was worried about not getting my bond back, I have doctors letters which substantiate my health problems, the doctor recommended that I do not enter the house. My doctor informed me that a professional needed to remove my furniture and do the clean all in one go.

It was impossible to do the clean as contractors were not prepared to enter the house, there are strict laws regarding waste disposal of asbestos and work needs to be carried out via a licensed vendor. I made Penny aware of this via email. I sent her links to EPA guidelines of asbestos waste removal. I received a phone call from Dennis on the 4th of Nov 2013. She yelled at me over the phone saying I needed to give her a letter to prove why I wasn't able to enter the house. I tried to tell her that I spoke to Penny about this but she continued to speak over the top of me. This phone call abruptly ended. I followed up this phone call with an email explaining what cleaning I did do and that it was to the best of my ability and what I could not do under the circumstances. I never heard back from Ray White Northgate.

Carol also contacted the office of former government whip, Robyn Geraghty. She was the Labor Member for Torrens up until 2014. Carol was contacted by Susan in relation to her complaint. Carol says:

Susan rang me back stating that her partner removed asbestos for a living and the first thing she did was contact him and he said ‘that I should not worry as this was not a problem’. Susan has never visited the premises, never seen the asbestos reports or spoken to the inspectors. She also stated that she rents a house out and she knows it’s not really a problem. I asked her to put this in writing and she declined. I have not received any support from Ms Gerharty's office.

We have learned a lot from Carol’s experience. Politicians may or may not be interested in helping tenants. But if you are having a problem, it is definitely worth going to your Member of Parliament for help. Your local member can help pressure government organisations, including consumer agencies, to act on your complaint. He or she can also raise the issue with their political party. As of now, the Greens Party is the only political party that acknowledges the rental market is broken.

Each state and territory regulates rental properties. Not one Act of Parliament addresses asbestos. If their health is at risk, tenants should not be required to clean these houses. They should have the right to know if their home was built using asbestos. Tenants should be able to vacate without penalty, and they should be compensated for costs associated with moving. And furthermore, tenants should not have to pay for asbestos testing. If landlords are not required to test for asbestos, it is highly unlikely they will pay for it out of their own pocket. Concerned tenants can have building materials tested at an accredited laboratory. But really, the onus should be on landlords to pay for costs like this.

Asbestos is a public health issue. There needs to be an official record of asbestos-ridden houses. Asbestos-related diseases have a long latency period. This is not a matter of individual responsibility. Tenants should be able to report houses with asbestos. For this to happen, the housing system needs a dedicated inspectorate.

As a society, I don’t understand why it is unacceptable to expose workers to asbestos, but it is acceptable to expose tenants to asbestos. And let’s face it - tenants are more likely to live in houses that are old and rundown. Landlords should be responsible for the harm they cause. We can protect workers, as well as mums and kids at home.

Postscript. If you are concerned that your rental home contains asbestos, you can ask your real estate agency to hire an asbestos assessor to carry out an inspection. If you are still not satisfied, you can organise an independent evaluation or relocate to another property. The Canberra Times has reported that homes assessed as safe have later been found to contain asbestos. It’s better to be safe than sorry.