Real estate and unscheduled repairs. Contractor has thieved.

lette on 17/04/2019 - 21:13
Last edited 18/04/2019 - 22:09

Okay so my real estate agent was supposed to repair my screen door on my balcony in February. This didn't happen. I got home from work today and there is a new screen door. My balcony door was not locked as there was a piece of plywood blocking entry until new screen was up. I cannot for the life of me find my Nintendo switch or games which were by the unlocked open balcony door.

Obviously the real estate had no right doing work without notifying me but as for my missing stuff I'm not sure of my recourse? I'll be talking to the police tomorrow as the station is across from work and they know me.

But what in the heck do I do now? We we're not planning on renewing before this and now definitely not. I've met the door contractors before they work for the RE and are not the most coshure looking men. This is the polities group by the way.

UPDATE 18/4
Found out today that it's a civil matter not criminal in regards to the RE. I did file a police report against the contractors for theft but he said most likely nothing will come of it and to check local pawn shops.
SACAT were helpful gave me a form to fill out and depending on the RE reply I may or may not have to appear at a tribunal. Either way they will be penalised. We also found out my bond was never lodged and my "bond receipt" was a fair so they're in trouble for that seperately. No reply from RE when I emailed them like other users suggested omitting the missing items of course. Not surprising there. Thanks for everyone's help. It's been useful so far.

Home & Garden

Comments

  • IVI on 17/04/2019 - 21:33

    kosher

    Polites (what? in SA?)

    Got Contents insurance?

    • lette on 17/04/2019 - 22:11
      +1

      Yeah Polities in SA. Yeah we do but I don't think it's right I have to claim. Partner works for big insurance company so will ask him when he gets home but doesn't seem like the right answer? Thanks for the spelling correction was in a bit of a panic and took a guess.

      • unifex on 17/04/2019 - 23:31

        If they didn't organise with you before hand then they entered the property illegally. There is a right to notify. Yours might be a little grey because it was a reported issue and that might be considered permission. But if they left the property unsecured then they are responsible for the losses i would think.

        The downside here is that would have to take them to small claims court and then try to claim the money from them which is going to waste so much time.
        its probably not going to be worth it.

        • lette on 17/04/2019 - 23:43

          To be fair the offer of repair wasn't open for two months (Feb 4 was the date of the issue) so I'm hoping that parts not a grey area because it's not like I can sit at home waiting for a contractor..for over two months without notice.
          I agree with the small claims court though. I feel like that's going to be my only recourse, which sucks because I also agree it's probably not worth the hassle. Makes me want to not pay rent for the last month to recouped the loss -.- Grrr. Little guy always gets screwed.

          • dizzle on 18/04/2019 - 07:36

            @lette: You need to pay your rent anyway. if not you are considered in breach which won't help your case at all and can affect future renting. Not sure of the solution, but the police would be the right way to go. They'll be able to get the tradies name, and see if there may be other reports.

  • NeeKeeTa on 17/04/2019 - 21:34
    +5

    IMO Australia is like a third world country when it comes to tenancy. Perhaps even worse

    OP I see you are from SA. Contact the South Australian Tenants Information and Advisory Service (TIAS). They provide free, independent service, helping people maintain their tenancies in private rental, community housing or public housing.

    https://www.syc.net.au/home/housing-support/tias/

    They will be able to point you in the right direction.

    Good luck.

    • lette on 17/04/2019 - 22:13
      +1

      And this is one of the reasons we bought a yacht and are leaving in Spring. This kind of stuff is just beyond unfair and you just know the agent won't be fined or penalised most likely.
      Thanks I'll call them tomorrow

      • [Deactivated] on 17/04/2019 - 22:43

        Unlawful entry is unlawful. What you're describing is already against the law.

        • lette on 17/04/2019 - 22:46
          +1

          I absolutely agree, but I'm thinking that it's harder in reality to get justice for something like this. Will find out tomorrow for sure, I hope I'm pleasantly surprised but after all the horror stories I've heard about renting I don't hold a lot of (false?) hope.

  • hawkeye on 17/04/2019 - 22:06
    +1

    Get some bikies to ruff up the agent and contractor.

  • Odin on 17/04/2019 - 22:20
    +1

    So they entered without permission to do non-emergency work? Take them to SACAT and rake them over the coals.

    • lette on 17/04/2019 - 22:22
      +2

      That's exactly what they did and now twenty odd switch games and a switch are missing. When I do take the to SACAT and "take them over coals" what actually will happen? How will they be reprimanded for this? I would hope I'd be compensated but doubt it works that way in reality.
      Either way will call tomorrow.

      • Odin on 17/04/2019 - 22:33
        +2

        1st. Get advice from the tenants board.

        But I would be itemising your losses, document everything (photos or receipts, credit card invoices, etc)

        Immediately report this to the real estate in written format (email) for evidence.

        Gather and prepare as much documented evidence as possible.

        • lette on 17/04/2019 - 22:36

          Thanks already combing my EB and Amazon emails and matching them to card transactions. Be a lot easier if I didn't return absolutely everything I didnt love immediately..so many many returns and exchanges. I must be a PITA. Feel a little guilty now haha.
          Thanks for the help. Appreciate it as I've never been in this situation and have been renting for over a decade. Just never with such a dodgy mob -.-

      • p1 ama on 18/04/2019 - 00:00
        +1

        When I do take the to SACAT and "take them over coals" what actually will happen? How will they be reprimanded for this? I would hope I'd be compensated but doubt it works that way in reality.

        This will sound a bit harsh, but if you want action, you have to initiate the process. The reason why they did what they did to you (and will continue doing the same to other people) is because past victims haven't spoken up and taken the proper and necessary action. It's nice to vent on an internet forum, but complaining is a surefire way to get you absolutely zero results.

        To answer your question directly, if you take them to SACAT and "rake them over the coals", they could be liable for your losses, including your Nintendo Switch and games, as well as any other indirect losses you may have faced. There's also a whole load of criminal charges they could face.

        You sound like you've already accepted losing the war when you haven't even begun the first battle.

        • lette on 18/04/2019 - 00:11

          I will be taking action I'm just not going to get my hopes up expecting anything to actually happen to them. God knows I want retribution and reimbursement, but I refuse to believe it's as simple as that. I don't want that level of disappointment. Calling SACAT tomorrow and I've already half inventoried my losses with prices and dates. The police station is across from work and I'll talk to them tomorrow. They know me, I regularly have to report incidents at work. I asked the internet because it had happens ten minutes prior and I have never encountered something so inherently wrong I had no idea where to begin but knew 000 like my mother suggested wasn't the right answer. If Mum doesn't know then it's internet time haha.
          Luckily if they do try to retaliate evict me it's not an issue because we plan on leaving on a yacht soon anyway. That may just speed up paradise even.
          Thanks for your unbiased reply. I appreciate all angles, I'm just a bit…untrusting of ever getting things to be fair in this world.

          • lette on 18/04/2019 - 00:14

            @lette: And I'm also like a dog with a bone when it comes to this kind of injustice…I just won a 18 month long fight with Fastway over $400 today level of dog bone. I'm very much about principle. You can bet your bottom dollar I won't be taking this quietly.

          • [Deactivated] on 19/04/2019 - 09:00

            @lette:

            untrusting of ever getting things to be fair in this world.

            It is actually pretty fair.

            There are many tenant protection policies that are enforced. Many people cannot be stuffed exercising their rights.

            Then there are agents/tenants that do things against the law. You cannot legislate out criminal/opportunistic behaviour.

            Also, with any bad experience, there is significant confirmation bias online. You're not going to hear many "great rental management/landlords" stories.

            I've been a renter and a landlord and my experience is as bland as it gets.

            Ps glad you have a resolution process happening and it was pretty easy to get started. You also mentioned you've been a renter for over a decade without this sort of problem. Everything you say suggests that the system works.

  • DemocracyManifest on 17/04/2019 - 22:22
    +1

    (profanity) :/

  • brokenglish on 17/04/2019 - 22:49
    +1

    That sounds awful man. I hope you get something out of them. It will take a while though.
    If it's not too late, make sure you don't tell your agent that you're missing some stuff. You want them to incriminate themselves by admitting that they ordered a contractor to come into your home without you knowing, like "hey looks like someone changed my balcony door, can you confirm if this is you or your lackeys" kind of thing.

    • lette on 17/04/2019 - 23:36

      Good idea. The reason I mentioned who they were is because they have quite a dodgy reputation in Adelaide, which I only found out after taking the lease and everyone going "oh Polities jeez <insert story here>". So getting them to play ball probably won't be easy.
      I once had the agent try and tell me I was responsible to pay for a burst pipe. I just said I can't afford it and it will just have to keep flooding. It was fixed quickly then, but they are that level of bad. I'll send them an email and probably end up getting the obligatory "please call Peter on xxxxx" they don't like paper trails of conversation I've noticed. I suppose I'll just have to then inform him if I do call it will be recorded or something to that effect.

  • Tee Rex Arms on 18/04/2019 - 18:20

    What would you like police to do? How could they or anyone prove who actually removed the items from the dwelling? They could interview the contractor and real estate who would obviously deny it and then what?

    • Quantumcat on 18/04/2019 - 20:45

      I can't remember what it is called, but it comes up on law and order a bit - in the USA at least you can be held liable for anything bad that happens because of you committing a crime, even if you didn't do it. Maybe there's something similar here. The real estate agent entered the premises unlawfully and left the door open which allowed the theft to happen. Maybe no one needs to prove the real estate agents committed the theft themselves to have them new liable for it.

      • lette on 18/04/2019 - 22:06
        +1

        That's my issue. No reason then contractor will be honest. No proof, but there is proof my items went missing at the same time the RE did something illegal. I hope for them to be liable. Found out today that it's a civil matter not criminal in regards to the RE. I did file a police report against the contractors for theft but he said most likely nothing will come of it and to check local pawn shops.
        SACAT were helpful gave me a form to fill out and depending on the RE reply I may or may not have to appear at a tribunal. Either way they will be penalised. We also found out my bond was never lodged and my "bond receipt" was a fair so they're in trouble for that seperately. No reply from RE when I emailed them like other users suggested. Not surprising there.

        • Quantumcat on 18/04/2019 - 22:46

          They sound dodgy as hell. Best of luck!

          • lette on 18/04/2019 - 23:22

            @Quantumcat: Yeah they are. After I told people who my new RE was pretty much everyone had a story either residential or commercial about them being dodgy..one of them even involved getting beat up over an invoice. Shame I didn't hear any of this beforehand would have taken the other apartment across the road I was looking at.

  • [Deactivated] on 19/04/2019 - 10:47

    The RE forged the bond receipt?!😮 I've heard of dodgy REs but that takes the cake!

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