Part 2: Tactics Property Managers Use to Screw Tenants

Property managers are very adept at using the law to screw over tenants. In this article, I will look at strategies a property manager uses against a tenant. Previously, I looked at how Michelle Heta, a property manager at Centurion Real Estate, bullied Lucan into removing a pool from his home.

Hinder Communication – Throughout the whole debacle, Lucan repeatedly requested the landlord’s contact details. Understandably, he wanted to communicate directly with the landlord. I can only imagine the conversation between the property manager and the landlord. But of course, it was not in the interest of Centurion Real Estate to do this considering they had actually screwed up in the first place.

Obstructing Repairs – After Lucan put in a complaint, obtaining repairs became very difficult. Lucan asked for safety repairs. He requested that the screen door be fixed. He had found his young son out the front near the busy road. Michelle Heta sent out a repair man, but provided the wrong phone number, so he could not obtain access.

As Lucan and his family no longer had a pool, he asked that the air conditioning be fixed. Michelle Heta repeatedly requested further information. How is a tenant supposed to know the inns and outs of air conditioner servicing? Lucan cottoned on to what Michelle Heta was doing. So Lucan asked if he could go up on the roof, have a look and maybe fix it. But he was not allowed. Vindictive much? Finally, he was told that he would be charged a call out fee because the air conditioner did not work in humid weather (but the humidity level was only 16%). Perhaps I’m mistaken, but I thought that was what air conditioners were supposed to do.

Unlawful Breach of Duty Notice – Michelle Heta proceeded to issue a notice of termination on the basis that the agreement had been breached. As a professional, and I use the term loosely, Michelle Heta should have known that such a notice can only be issued if the breach had not been remedied. But Lucan had actually complied. He had removed the pool and the fence.

Misleading Eviction – When this was brought to her attention, Michelle Heta attempted to evict Lucan and his family again. She emailed Lucan and told him he had to hand in the keys as he was immediately evicted. On this basis, Lucan quit his job, half moved out, and prepared to leave the country. His stress was through the roof! Then he received another email from Michelle Heta informing him that he was behind in rent. I am inclined to think this was a deliberate strategic manoeuvre so that she could whack him with the ‘bad tenant’ stick.

Trespass on Property – Third attempt. Michelle Heta personally delivered the termination of lease notice. Unfortunately, personal service is permitted in the great state of Western Australia. This does not mean, however, that agents can use this loophole to harass tenants. After Michelle Heta delivered the legal document, she stayed on the premises. She told Lucan that she was permitted to come onto the property and ask him questions. Well actually no, this is an interference with Lucan’s right to quiet enjoyment of the property. I also think it is arguable that Michelle Heta trespassed on Lucan’s property. Trespass on property is a criminal charge. It does not matter that Michelle Heta is the landlord’s agent. Lucan took his complaint to the police, but of course, they weren’t keen on getting involved. In the too hard basket, it went.

Bullying Behaviour – When Michelle Heta turned up at Lucan’s door, he asked her to leave the premises over ten times, but she used the opportunity to badger and harass him. Lucan’s kids were terrified, they thought they were being made homeless. Michelle Heta knew very well she was not welcome. He tried to physically remove her from the premises. She looks directly at the camera and says ‘did you get that one’. She then brags that her husband is Maori and her son-in-law is in the police force. Later she turns to the camera man and says, ‘he is not a client, you fucking idiot’. She grabs the camera and slams it against the camera man’s head.  

This is the worst display of misconduct that I have seen. We are lucky that it was documented via email and on video. And it all started over a pool. Yours truly, Bad Landlord Australia.

Post script. Ms Hetta has provided a statement in which she has said, 'I am not in the habit of strategic moves to get out tenants and have always worked 100% under the Residential Tenancy Act. I do however think Lucan misunderstood the notices that were sent to him. A breach was issued for non payment of rent and this was not remedied after the 14 days'.