Option for Tenant When Harassed by Owner

LSloppyfingers on 22/03/2018 - 20:59
Last edited 23/03/2018 - 09:20 by 2 other users

Good evening OZBs,

It's a long post. Please bear with me.

I signed the fixed term lease for 14 months and started the tenancy in December. There were repairs needed in the property which I mentioned in the condition report and followed up with the agent religiously over email and phone.

Unfortunately, had to do an emergency plumber call out (burst pipe) New Year Eve which cost me $200.
Provided the invoice to agent and she said she will get it paid. 2 months later she said owner is not going to pay, apply to the tribunal.

I lodged complaint with Fair Ttrading for repairs and invoice payment. When Fair Trading rang the property agent, building manager locked us out by deactivating our swipe cards the same afternoon. I checked with the building manager same day late evening after I got back from work. He said I needed to fill swipe access form when I had moved in. Ironically, I was never informed or given notice for it. He threatened me saying if you want to stay in the building take the complaint back from fair trade. When I said owner is not paying my money he disclosed he is the owner and nobody messes with him.

Him and agent visited the property to assess the repairs recently and later he came with the handyman to repair without much success. He said these are minor things, live with it and don't trouble the agent. He repeatedly said you have to look after your family and don't dare mess with me. This essentially means I should forget standing up for my right and avoid Fair Trading or tribunal and be at his mercy otherwise he can harm my family.

What should I do?

1) Break the lease if he agrees to without penalty and move out
2) Go to the tribunal but before that take a restraint order from police/court (not sure how this works) to safeguard the family
3) Pay reduced rent until repairs are done and also deduct my $200 as well from the rent
4) Any other option? Please comment.

Thanks heaps for your responses in advance!

• 

  [Deactivated] on 22/03/2018 - 21:08

  +5

  Get him to talk again. Get him to make threats like that recorded on tape.

  Take said tape to police. It's just a run off the mill bully.

  • 

    follow on 23/03/2018 - 07:59

    -1

    grey area

  • 

    Sloppyfingers on 23/03/2018 - 14:06

    thanks mate, but I am not sure if I can get him on tape and also doubt if that is legal to do without his consent.

    • 

      SPCTRE on 23/03/2018 - 19:10

      It’s also not legal for him to bully you like that but that doesn’t stop him so what’s stopping you from recording?
      Only need to video record on your phone and leave it in your pocket.
      I’m pretty sure the court isn’t going to dismiss private recording evidences of threats to you and your family safety.

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  [Deactivated] on 23/03/2018 - 00:04

  +1

  Bikies.

  Go to the police station first thing in the morning and apply for a protection order against him.

  • 

    Sloppyfingers on 23/03/2018 - 14:06

    thanks, don't know what's the process to apply for protection order. trying to find out

    • 

      [Deactivated] on 24/03/2018 - 09:37

      Go to a police station, they'll explain it there.

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  CheapSticks on 23/03/2018 - 09:43

  +3

  You should certainly get your $200 back.
  Speak to fair trading and then tribunal exactly as per the above.I would also lodge police complaint for safety.

  Best is to get out of there with no penalty on breaking lease and live somewhere else peacefully.

  • 

    Sloppyfingers on 23/03/2018 - 14:10

    thanks, I don't have the time & energy to follow it up. I am drained following it up with Agent since last 4 months. She had mentioned that he can give me a week time to move out and break the lease without penalty. This was before owner/building manager came for the repairs. She is not talking anymore though.

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  p1 ama on 23/03/2018 - 09:58

  Those threats are coming out of thin air. He's not going to do anything.

  If I were you, I'd take option 1. I don't think he's dangerous, but he's the last kind of person you'd want to live with.

  • 

    Sloppyfingers on 23/03/2018 - 14:11

    thanks, even I am looking at exit since it's draining me every day.

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  xeion on 23/03/2018 - 12:36

  1 (I'd break the lease raising the issues you've had, if the agent won't come to the party, go to NCAT) and 2 in that order, continue proceedings when you move to another place.

  You don't need or should have to put up with a landlord like that, it's unacceptable and very unprofessional. If the agent doesn't side with you, I'd find another one.
  From his previous lock out for your justified contact to the agent. He obviously has power issues.

  Keep all your records in a dairy and take the issue to NCAT and the police.

  • 

    Sloppyfingers on 23/03/2018 - 14:22

    thanks mate, I doubt if I can break the lease on my own without penalty. I don't have any proof on him threatening me as its all verbal. Agent is not helping at all. Prior to the visit by owner/building manager for repairs she had told me that it's wrong/harassment of him to lock you out. She further said she will sort it out after the visit by him for repairs and she will send me everything over emails. However, it was a complete contrast when she & owner visited for check on repairs. She was not contradicting the owner on anything. She is not helping. Now, she is not talking either. She wants me to send email for everything which she then forwards to the owner. I have again asked her to email me the date for repair & invoice payment. No response to that. I have got to know that the agency is on radar of Fair Trade since sometime.

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  whooah1979 on 23/03/2018 - 14:25

  he disclosed he is the owner and nobody messes with him.

  Aca would eat him for breakfast. Bully landlords is their wheelhouse.

  • 

    Sloppyfingers on 23/03/2018 - 16:53

    what's Aca mate?

    • 

      Baysew on 23/03/2018 - 19:14

      A Current Affair

      A Current Affair (or ACA) is an Australian current affairs program airing weeknights on the Nine Network. The program is currently presented by Tracy Grimshaw.

      A Current Affair is often considered by media critics and the public at large to use sensationalist journalism

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  garetz on 23/03/2018 - 15:27

  If the owner blocks access to the property, then you arent breaking the lease, call the police and report it all.

  • 

    Sloppyfingers on 23/03/2018 - 16:58

    taking to police might risk my family. He threatens by saying you got a family (have 2 kids) to look after. He warns not to trouble the agent as she had to spent extra hours responding to Fair Trade. Further, asked me to ring Fair Trade in front of him and withdraw the complaint. I could avoid that since Fair Trade calls from Private Number. Him being the building manager is complicating the things since he is in the building during the day.

    • 

      garetz on 23/03/2018 - 17:33

      +3

      So you dont want to talk to the police, cause its a risk to your family ? Are you listening to yourself, that is the reason to talk to them asap, especially if its a legitimate threat.

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  Changskies on 23/03/2018 - 23:02

  he says 'Nobody messes with me' and threatens your family over his fault? Eat him for breakfast mate. He probably does it because he got away from it before. Make him say this in your private environment e.g. home, have those cheap surveillance running in an obscure place. Break lease, go to ombudsmen / Fair trading and report to police.

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  Sloppyfingers on 24/04/2018 - 16:06

  Hi OZB,
  Thanks for all your responses. I have moved out of the place based on mutual understanding so that the penalty doesn't apply. Still awaiting my money (bond etc.) though. Do I have any option to undo the hell I have been through in last 6 weeks or so? What would you suggest?