Part 2: Keeping tenants browbeaten

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.