Expose: Terrifying Home Invasion by Landlord

What do you do when your landlord breaks in? That’s the question Audrey had to ask herself last week when her landlord staged a terrifying home invasion. This story is very real. Do not think for one minute this didn’t happen. I have used fake names to protect the victims. Audrey is a 48 year-old woman from the western suburbs of Sydney. A writer herself, even she has struggled to put her shock and disbelief into words. What makes this story even more outrageous is that her special-needs son was home when the landlord attacked.

 

Audrey rented a first floor unit from one Robert Khourey two months ago. It all started when her ten year old son, Ben, fell down the stairs. No proper railing in place, there was just a plank of wood. When Audrey arrived home at midnight, after spending hours at the hospital Mr Khourey made them relocate with no notice whatsoever. Mr Khourey should have issued a no-ground eviction notice giving Audrey 90 days notice to vacate. But the law doesn’t matter to this landlord.

Then the harassment started. Mr Khourey objected to Audrey being friends with another tenant and did not like that she was friendly with the neighbours. Another tenant has alleged that Mr Khourey subjected her to unwanted sexual advances. Audrey says, ‘This guy just can't let go. He was using me as a way of trying to get to the other ex-tenant, when I wouldn't talk her into sleeping with him...’ Although Audrey has always paid rent on time and has never damaged the premises, he started finding fault with everything. He came to her home and said she had 12 hours to vacate the premises. He justified his action by citing the Innkeepers Act 1968 (NSW). Totally irrelevant, of course. Luckily Audrey knew her rights. She stood her ground and refused to leave. What an amazing lady.

The terrifying ordeal started the next morning when Mr Khourey broke into Audrey’s home. He picked up her belongings and started throwing them around the unit. He even threw her own ironing board at her. Mr Khourey finally left after Audrey managed to force him out. Audrey called the police straightaway for help. The attending police officers informed her the landlord’s behaviour merely constituted a ‘civil assault’. Furthermore she had no rights without a written lease and Mr Khourey could enter the premises at any time because he was the landlord. Wrong, wrong, wrong. No matter which way you look at it, this was a criminal assault. A residential tenancy agreement does not need to be in writing. See section 13 of the Residential Tenancies Act 2010 (NSW). A tenant possesses the right to quiet enjoyment of the premises without interruption by the landlord. Moreover, on my reading, assault is not a permitted ground for access to leased premises.

The police did nothing to help Audrey. They facilitated the return of Mr Khourey a second time. Mr Khourey assaulted Audrey again in her own home while her disabled son watched on in fear for her safety. Increasingly erratic and delusional, Mr Khourey started calling her by her friend’s name. She says it was ‘bloody scary’. Desperate and alone, she called the police again for help. Police officers attended the scene. Mr Khourey stated he had had rights of entry under the innkeepers legislation. And they believed him. Yet again, they left Audrey and her disabled son to the mercy of a crazed landlord.

And then Mr Khourey returned again a third time. He started bashing the front door down. At this stage, both her and her son were in hysterics fearing for their lives. Audrey dragged a wardrobe over and pushed it over on its front to create a barricade. Taking shelter under a flight of stairs, Audrey managed to call 000. She says, ‘The third attack was the scariest as that wardrobe just wouldn't fit against the front door (I could not slide it across quickly enough - just like in a horror film) and he was crashing into the door and I was convinced we were dead. Ben was screaming and I was screaming too. The triple 000 operator stayed on the line with me but I was terrified and screaming and could not stop shaking for hours. It was only later I realised that both my wrist and my ankle were sprained’.

Fed up, the police finally charged Mr Khourey with assault. The police finally arrested Mr Khourey just after 4pm that Friday. The attacks had started from 6.30am in the morning. Audrey had called the police on all three occasions. She had made contact with the Consumer, Trader, and Tenancy Tribunal. They told Audrey to speak with the sergeant and demand that he watch video footage she managed take with her phone. Here is a video Audrey shot of Mr Khourey being arrested.

Mr Khourey spent a mere 24 hours in lock-up. Despite Audrey’s terrifying ordeal, the NSW Magistrates Court accepted his application for bail. What happened next, you ask? He returned to Audrey’s home. Yet again, Audrey called the police. And finally, he left her alone. But no remorse. This is what he has to say for himself on Facebook - ‘After 24 hours of entertaining the bullshit bureaucracy and its rogue minions it's good to be free and thundering. May Gods glory shine through people and purify the dark souls of those who hope against hope’. Clearly, this dude is a few cans short of a six-pack!

There is absolutely nothing in the Residential Tenancies Act 2010 (NSW) that could have helped Audrey in this situation. I only found one provision remotely relevant. Section 92 says the tribunal can terminate an agreement when a tenant subjects a landlord to harassment, abuse, intimidation or threats. The bias is unbelievable. The Act does not address the safety of tenants in situations they are being abused by their landlord. There is simply no procedure for police to follow. The courts have considerable discretion making protection orders. But it is not really clear what a court can do to protect tenants when a landlord is abusing their tenants on premises in which they have a proprietary interest.

What else can we take away from terrifying tale? In my view, the response of the police just was not good enough. The police should have the appropriate knowledge to deal with such a situation in the most appropriate way. There needs to be adequate policy and procedures. Police officers need to be trained so that this situation cannot happen again. This kind of thing should not happen in a country like Australia.

This story will not end here. Court proceedings are on foot. I will update as developments occur. The public has a right to know about the dangers of renting from this landlord. So tenants be warned, think twice before renting from this man. Please note this photo was taken from a Facebook page available for public viewing.