Little Red Riding Hood rented a flat in inner-city Brisbane. Over time, it became clear that the landlord was dodgy, with a capital D. He would make up excuses about needing access to the property. This happened on a fairly frequent basis. And sometimes, Red Riding Hood could not be present. And then over time, she started noticing things going missing and realised...it was the landlord!
Landlords do not have to pass any kind of character test. Instead of protecting tenants at risk, the law assumes that tenants will just move on. But why should they have to?
I have recently reviewed statutory provisions in all states and territories. Yes, a tenant has a right to quiet enjoyment of property. This is something judges made up to protect tenants. And thereafter, it was enshrined in residential tenancy laws. But the landlord lobby is powerful. In their infinite wisdom, parliaments have granted various rights of access to landlords. If a landlord was to exercise all legal rights to access, you’re in for a pretty rough time.
Most tenants prefer to present when a landlord or agent has access to their home. The reason why is pretty obvious. You do not know if the person will steal from you, go through your unmentionables, or simply poke around. You don't know if the person is a pervert, a gambler, a blackmailer, and some kind of freaky deeky weirdo.
Little Red Riding Hood got to the point where she had enough. She issued Mr Wilson with a notice to vacate and booked a removalist. Mr Wilson turned up and tried to forcibly evict her before the removalist arrived. Little Red had to call the police three times over two days so she could clean the apartment and remove her property. Big kudos to the Tenants Union of Queensland. Little Red says the help of the local tenancy advice service during this time was invaluable. And just so you know, if your landlord is harassing you, you can apply for an apprehended violence order.
On the flip side, Alice in Wonderland reports her landlord is incredibly ‘nasty’ and ‘shifty’. She is actually concerned that he is a bit unbalanced. His name is Frank Graham. He owns many, many properties in Tasmania. Be warned, he advertises through Gumtree. One property he rents out his 3/24 Georges Terrace, Battery Point. Alice decided to move out of her ‘cute little flat’ on the posh side of Hobart. Out of pure spite, Mr Graham contested the bond application. It didn’t matter that Alice had left the flat in an excellent condition and had many photos to prove this. She still has to wait for the return of her bond. Apparently this character is known to the authorities, but they have not seen fit to take any action.
What will it take for the governments to do something? Are they just waiting for something really bad to happen? I certainly hope not.
