Expose: House of Horrors

I have recently written about Mr Khourey and the violence he has perpetrated on his tenants. As is usually the story with rogue landlords, there is more than one issue at play. He failed to provide safe premises for his tenants when he converted two four-bedroom townhouses into eleven units without the permission of council. Audrey says, ‘The whole place is a fire hazard, health hazard, and a disaster waiting to happen.’

Holroyd City Council first got involved when Audrey’s son Ben fell and broke his arm on the ground floor staircase of the unit block. The staircase didn’t comply with legal standards with respect to fire safety or maximum incline. Even though the staircase was very steep, there was no railing in place on the opposing side.

The plumbing system didn’t work throughout the entire building. Mr Khourey compacted the rubbish every day and flushed the excess down the toilet. The showers didn’t drain. Every sink and toilet blocked on a regular basis. The cupboards couldn’t be used for storage. The temperature of the hot water system wasn't regulated. The showers didn’t have screens so the water ran off into the kitchens. The water drainage was extremely slow. Here is video footage Audrey shot of her kitchen plumbing gone bonkers. Bless his little heart, Ben said, 'Mummy, we have the water and the troll, but no bridge'. There were only two garbage bins for all the occupants to share. As a side note, tenants are expected to pay for rubbish removal upon vacation of premises, but there is no equivalent duty on landlords to provide for sufficient garbage disposal throughout the life of a tenancy.

The electrical system was in a state of disarray. The power outlets were either ill-fitted loose in the walls or didn’t work. The smoke alarms only worked when the power was on. At various places throughout the building, there were loose electrical cables hanging down. The fuse boxes were a mess. Most of the stoves were unfixed hotplates.The building was not safe. The flooring was either loose or non-existent; either unfitted lino or bare concrete. The upstairs units either had no windows or a single very tiny window. There was no ventilation or fire escape plan. The outside was littered with building materials surfaced with damp slippery clay and no footpaths. In New South Wales, a landlord is required to comply with statutory obligations relating to the health and safety of residential premises. See section 53 of the Residential Tenancies Act 2010 (NSW). In no way shape or form, has Mr Khourey complied with this obligation.

And then there were pests. There was a flea plague and a rat infestation (and by that I don’t mean the chief rat landlord). Keep in mind this particular building is merely four years old. There is no specific obligation on the landlord to take pest control measures. But they are required to provide premises in a way fit for habitation. See section 52 of the Act. Another breach by Mr Khourey.

The building was registered with Council as being built four years ago for the purposes of two four-bedroom townhouses. Mr Khourey converted it into eleven separate units. There was no occupancy certificate. Last year in October, Merrylands Council ordered that the premises be made available for inspection. Mr Khourey refused. Holroyd City Council obtained a search warrant on 24 April 2013. The Parramatta Local Court provided permission for entry to be obtained by any reasonable means. Here is an image shot of the search warrant.

All eighteen residents were informed they may be made homeless. After inspecting the premises, Merrylands Council determined that the entire building should be shut down due to numerous breaches of the Environmental Planning and Assessment Act 1979 (NSW). At this stage, all tenants are seeking alternate housing arrangements.

Mr Khourey owes these tenants about $20,000 in total for bond refunds. He did not provide receipts to these tenants as proof of payment. A clear violation of section 159 of the Residential Tenancies Act 2010 (NSW). Audrey says, ‘...at least this bad rogue trader can never rent this property again. In all likelihood it will be demolished as a house of horrors and depravity’.

And what does Mr Khourey think? He thinks, ‘There are some dark forces at work in our community...These evil forces have neglected the community by misappropriation of valuable community resources to incite injustice, violence and homelessness’. I think Mr Khourey dislikes the government intervening because he thinks he should be able to do whatever he wants with his property. This kind of thinking is wrong on so many levels. This is an image shot of a post by Mr Khourey on the Holroyd City Council Facebook page.

The law of tenancy doesn’t talk very well to other areas of law. Rental premises should be assessed prior to occupation to ensure compliance with health and safety standards. If there was a more proactive approach, tenants would not have to search for alternate housing and pay for additional associated costs. No matter how bad the current housing crisis gets, tenants should expect and demand access to safe housing. In a country like Australia, tenants should not be expected to live like pigs.