Going to Your Member of Parliament

Carol, a law student at Flinders University, has contacted me with concerns about an asbestos-ridden rental property. Carol sought help from her Member of Parliament, Robert Brokenshire. He represents the Family First Party in the South Australian Legislative Council. The real estate agency, Ray White Northgate, is not a member of the Real Estate Institute. Carol says:

I have been renting a house for about 3 years that was found to contain asbestos. Both the owner of the property and the agency have been negligent in their duty of care. They basically have ignored and attempted to cover up an asbestos problem. A notice of intent to declare the property substandard by the Housing Improvement Branch (under Consumer and Business Affairs SA) has been issued. The house is located at Heather Avenue, Windsor Gardens in South Australia. Weeks after leaving, a new tenant was living in the house. Once I left they accused me of not cleaning the house.

Asbestos is deadly and usually has micro-fibre particles that can enter the human body. Cleaning is not advisable due to the cleaning process disrupting asbestos particles. However I did clean what I could. I just didn't vacuum and dust. I have not been able to get too many government organisations to take this seriously, even though I explain this could be causing harm to people. There is now a family with a baby in this house. I eventually contacted my Member of Parliament, Robert Brokenshire, who has been in contact with the Environmental Planning Association and SA Health. He has commenced investigations through the EPA and SA Health. His office has been really good - they actually listened to me and have been active in getting someone to take action.

A few tenants have contacted me with concerns about asbestos in their homes. Asbestos is hazardous when microscopic fibre fragments become airborne and are inhaled. Asbestos-related diseases include pleural disease, asbestosis, lung cancer, and mesothelioma. The building industry used asbestos extensively in the post-war period between 1945 and 1980. Asbestos has been banned since 2003, and it hasn't been used for over thirty years. But there are still contaminated buildings out there, and landlords do not have to check their houses for asbestos. There is no requirement to take proactive steps. The issue is falling through the cracks of a fragmented housing system. Many tenants tell me government departments are unwilling or disinterested in helping them.

If tenants become aware of asbestos, most probably choose to leave the property. If they report the issue to their real estate agency, they could be exposed to retaliatory action. Agents and landlords can simply evict the tenant, or delay or contest the bond payment. Carol looked after the house, and never missed a rent payment. She says, "I feel I tried everything and this upsets me. I was a good tenant and I was in this house for nearly three years". But Ray White still contested the bond application, and refused to itemise their claims. This meant Carol had to borrow money for the bond on the new house, and she had to rely on the help of the Salvation Army. She was not able to purchase presents for her children at Christmas. Tenants are also at risk of ongoing harassment. After complaining to her MP, Carol was concerned about being "harassed" as they were not "particularly professional" during the lease.

As I have commented before, there is an extreme power imbalance between tenants and landlords. Carol’s story is just another example of agents and landlords abusing their power and causing financial hardship. She says, "Ray White Northgate have never been concerned about my health or that of my family. They have been arrogant. My intention was to negotiate with them so we could all walk away from this happy with the outcome". You can’t negotiate with a party that is holding all the cards. There is no incentive for them to do the right thing. That is why we need effective regulation in the housing space. Regulation is not going to work if it does not confront this inherent power imbalance.

Carol goes on to say:

It has now come to my attention that there are new tenants in this house, which worries me greatly. There was an inspection by All Stars Asbestos on the 14th of October 2013. Stella stated asbestos was present and was exposed due to the house moving, it was her that recommended that I leave the house. Ray White Northgate have been extremely difficult to deal with regarding this matter, with no real empathy. I was expected to do the final clean of the house as per normal lease handover instructions. I cleaned what I could as I was worried about not getting my bond back, I have doctors letters which substantiate my health problems, the doctor recommended that I do not enter the house. My doctor informed me that a professional needed to remove my furniture and do the clean all in one go.

It was impossible to do the clean as contractors were not prepared to enter the house, there are strict laws regarding waste disposal of asbestos and work needs to be carried out via a licensed vendor. I made Penny aware of this via email. I sent her links to EPA guidelines of asbestos waste removal. I received a phone call from Dennis on the 4th of Nov 2013. She yelled at me over the phone saying I needed to give her a letter to prove why I wasn't able to enter the house. I tried to tell her that I spoke to Penny about this but she continued to speak over the top of me. This phone call abruptly ended. I followed up this phone call with an email explaining what cleaning I did do  and that it was to the best of my ability and what I could not do under the circumstances. I never heard back from Ray White Northgate. 

Carol also contacted the office of former government whip, Robyn Geraghty. She was the Labor Member for Torrens up until 2014. Carol was contacted by Susan in relation to her complaint. Carol says:

Susan rang me back stating that her partner removed asbestos for a living and the first thing she did was contact him and he said ‘that I should not worry as this was not a problem’. Susan has never visited the premises, never seen the asbestos reports or spoken to the inspectors. She also stated that she rents a house out and she knows it’s not really a problem. I asked her to put this in writing and she declined. I have not received any support from Ms Gerharty's office. 

We have learned a lot from Carol’s experience. Politicians may or may not be interested in helping tenants. But if you are having a problem, it is definitely worth going to your Member of Parliament for help. Your local member can help pressure government organisations, including consumer agencies, to act on your complaint. He or she can also raise the issue with their political party. As of now, the Greens Party is the only political party that acknowledges the rental market is broken.

Each state and territory regulates rental properties. Not one Act of Parliament addresses asbestos. If their health is at risk, tenants should not be required to clean these houses. They should have the right to know if their home was built using asbestos. Tenants should be able to vacate without penalty, and they should be compensated for costs associated with moving. And furthermore, tenants should not have to pay for asbestos testing. If landlords are not required to test for asbestos, it is highly unlikely they will pay for it out of their own pocket. Concerned tenants can have building materials tested at an accredited laboratory. But really, the onus should be on landlords to pay for costs like this.

Asbestos is a public health issue. There needs to be an official record of asbestos-ridden houses. Asbestos-related diseases have a long latency period. This is not a matter of individual responsibility. Tenants should be able to report houses with asbestos. For this to happen, the housing system needs a dedicated inspectorate.

 

As a society, I don’t understand why it is unacceptable to expose workers to asbestos, but it is acceptable to expose tenants to asbestos. And let’s face it - tenants are more likely to live in houses that are old and rundown. Landlords should be responsible for the harm they cause. We can protect workers, as well as mums and kids at home.

 

Postscript. If you are concerned that your rental home contains asbestos, you can ask your real estate agency to hire an asbestos assessor to carry out an inspection. If you are still not satisfied, you can organise an independent evaluation or relocate to another property. The Canberra Times has reported that homes assessed as safe have later been found to contain asbestos. It’s better to be safe than sorry.

 

A letter to my former family: From a shelter cat

The following is an open letter written by Adrienne Gonzalez from Going Concern. The reality is most tenants give up their pets not because they want to, but because they don’t have a choice. People need safe and secure housing, and most real estate agencies prohibit pets on premises. I challenge you to read this article without shedding a tear, and tell me again how landlords have the right to choose.

I will never forget the last time I saw you. Maybe because I always hated going for car rides and that day you left me at the shelter I thought at first we were headed to the dreaded vet — who I hadn’t seen in three years anyway but still remembered — but no, that day we took a far worse trip together. That day, you took me to the shelter. 

You couldn’t even look me in the eye or answer my cries in the backseat of your car like you used to when you’d take me to the vet. “Shhh, sweetie,” you’d say when I howled inside my carrier back then. This day, you had nothing to say. We drove across town in silence, you didn’t even have the radio on. I wasn’t sure what I’d done or why you wouldn’t even speak to me. I’ve been a good girl. I always use my box and I try not to knock things off the table I’m not supposed to be on and I even try not to scratch your couch but it would have been really nice if you would have bought me my own scratching post so I wouldn’t have to.

You pulled my carrier out of the car and I knew before you even opened the door to the shelter that this place was bad. It was very, very bad. My heightened sense of smell tipped me off no sooner than you’d taken a few steps toward the shelter but I know you could smell it too, because I swear for a moment you stopped and almost turned around. I thought maybe you’d made a wrong turn and taken us to the wrong place because surely you wouldn’t leave me, your loyal friend, in a place like this. You’d turn around, put me back in the car, drive us back home and we’d all have a good laugh later about that time you accidentally drove us to the shelter when you meant to take me to the pet store to pick out new toys.

I know this might sound weird to you, my human, but I could feel the pain and loneliness of every single animal who had ever died in that building before we even walked in. There are baby kittens and puppies who never knew the love of a human to call their own but also — and worse — the longing of cats and dogs who once knew the joy of a family, of sharing their lives with a beloved human until they ended up in that bad, bad building for whatever reason. I’d like to think you felt that pain too, and that’s what stopped you just before you opened the door but for whatever reason, you kept going.

“This can’t be happening,” I said to myself, sitting quietly in my carrier in the lobby as you talked to another human about “paperwork” (whatever that is). I think you told them you are moving. Or you are allergic to me even though I have slept on your pillow next to you for the last 5 years and you never once even sneezed. Or you have a new boyfriend and he doesn’t like me. I really don’t remember, I was too busy trying to close my eyes and make myself wake up from what had to be a bad dream.

The cat next to me in the lobby was desperately clawing at the latch of his carrier trying to get out and I thought maybe, just maybe, if I show you what a good girl I am, you’d change your mind and take me back home. So I didn’t say anything. I tucked my front paws under myself and tried to make myself invisible, thinking if they can’t see me, they’ll think you’re crazy and laugh when you say “I need you to take my cat” because obviously there was no cat in the carrier you brought in. 

I shifted on my haunches in the cold, hard carrier — you didn’t even put a towel down for me this last time I ever saw you. I remembered resting in this very carrier since I was a kitten, sometimes taking a nap there while you were at work when it felt like an eternity as I waited for you to come home.

And then they took me away. You didn’t even say goodbye. I looked at your face hoping to see something that told me this was your only option, that for whatever reason, you thought this was the right thing to do but it still hurt your heart to leave me here in this place that smells of death the moment you walk in the door. But you turned away and then you were gone.

This is the bad part.

Let me tell you about the shelter, human. There are good humans and there are bad humans. And a lot of noise. OH the noise. I used to get annoyed when you’d stay up late watching TV or bang around in the kitchen when I was trying to take a nap but there is nothing like the noise of the shelter. Again, I closed my eyes tight and tried to wake up from this nightmare and find myself on your couch with you petting my head saying “shhh, there there, you’re just having a bad dream.” But no, you never came and I never woke up from this. 

All the animals know this is not a good place. The dogs never shut up, they howl and bark and scream all hours of the day and night. The people who work at the shelter and the volunteers try to take them out for walks and play with them so they quiet down a little but there are so many dogs and so few humans, the dogs end up really frustrated and making all kinds of noise most of the time.

The cats, too. They cry. They growl. They make sounds I have never heard another cat make ever and I always considered myself a pretty vocal cat. These aren’t normal sounds, we are all scared and some of us just cry and cry hoping someone will come pull us out of that cage and bring us home. Still, I mostly sat quietly in my tiny little metal cage and thought if I can just be a good girl, maybe you will come back for me.

Sometimes, humans sneak us good stuff, and those same humans are the ones who volunteer to come spend time with us when they can. There are just so many of us that even the best volunteers can’t spend time with all of us but they sure do try. They’re really good about being gentle, even with the cats who are extra scared in the shelter. Most of us are extra scared.

There are a few good doctors, too, and some humans who work there are nice. But mostly it feels like there are a lot of humans in gloves always poking and prodding and writing stuff about us on clipboards.

I would talk to the cats in cages around me late at night when no one but the cleaning crew and maybe a spare vet were wandering around the shelter and they would tell me about their humans, about their homes, about where they came from and how they ended up here. I told them my story too, I said I just didn’t know why my human left me here, but I wish I knew what I did wrong because I never meant to make my human mad.

Some of the cats have been here before. Some lived on the streets all their lives. Some really didn’t like humans and those were always the cats to go first. They went into the “Room,” the place in the back where if you go, you never come back.

In this shelter, the humans take the dogs to the Room first. They pile a bunch of dogs in cages onto a cart and then they come into the cat room and pick us out one by one to go too. You’d think you’re going on some fantastic trip by the way the humans try to talk you into not freaking out but we all know better. You go into the “Room,” you’re not coming out. An old cat in the cage next to me told me what happens there.

Once, when he was young like me, he was in the shelter and the humans came to take him away into the Room. It felt like forever from the time they loaded him into a cage on the cart and pushed him down a long hallway. Then you smell it. Death. This room is death. Even the humans pushing you into it don’t like it. There are thousands of animal souls floating around out there crying out, all day, every day, just crying. But no one can ever come to get them because they are gone. They can’t rest, they just wander that long hallway looking for their humans.

The old cat said the humans brought him into the room, scribbled a few things on his “paperwork” (I still don’t understand what that is) and then just as they were holding him down while another human waved a giant needle at him, some other human walked in and took him out.

He said a rescuer heard he was going into the Room and wanted to save him. The shelter humans put him into a box and sent him off to a great place where he spent a few years enjoying the love of a human home until he ended up right back here. Like me, he wasn’t sure how that happened but he knew if he went into the “Room” again, no one was going to come bust him out this time. 

“Whatever you do, don’t go into the Room,” he told me.  

So I tried real hard to find another human. The other cats told me that’s what you have to do, lest you end up in the dreaded Room. Every time a stranger came by my cage, I would purr and smile and rub my chin on their hand hoping they would take me home.

I especially loved the volunteers. They would tell other humans the nicest things about me; how sweet I was, how cute I was, how gentle I was. I wished one of them could take me home but I knew they already had a lot of cats at home. Day after day, I continued this but no one ever took me home. Day after day, my friends in the cages all around me either went home or — worse — went to the Room, never to be seen again. New cats came, and those of us who had been here awhile would tell them the stories we were told in the hopes that no matter how scared we all were, maybe if we had each other and knew what to expect, we might all be OK.

And then it happened. I got sick. I felt terrible; my eyes burned, my nose was stuffed, I kept spraying toxic green snot on my cage walls. My friend the old cat had long gone to the Room and never came back when he started sneezing. I knew I was next. Would you know, my human, that I still held out hope that you’d come back to get me? Maybe you’d hear I was sick and you’d feel bad and change your mind and come get me.

You never did.

I knew that morning by the way the shelter vet looked at me that it was my turn to go to the Room. He narrowed his eyes, scribbled a bunch of stuff on a piece of paper and would barely touch me. I felt so awful at that point I hardly cared. Fine, bring this Room then, it’s surely better than a lifetime of this. The other cats — even the ones I called my friend — would barely speak to me that night. It was almost like if they talked to me, then they might have to go to the Room too. It was so quiet in the shelter that night. I barely heard the loud dogs and the sad cats. 

I could barely even open my eyes then, so I just slept and waited for the shelter humans to come and take me away to the Room. And then, the strangest thing happened. To this day I don’t even know how it happened but just when I thought this is it and at least I won’t have to keep carrying on in a tiny cage trying to find a home, a human came to get me.

It wasn’t you, my human. It was a human I’d never met before, but next thing I knew the shelter humans were boxing me up and bringing me out to this human. e opened my box, looked down on me — MAN I had to look horrible with my eyes practically glued shut and snot pouring from my nose — and said in the softest voice “It’s OK, sweetheart, you’re safe now.”

She touched my head like I was the prettiest thing she’d ever seen in her life even though I had green snot dripping from my nose and couldn’t have felt less pretty if I tried. I couldn’t even lift my head to look at her, that’s how bad I felt. I didn’t need to, I could feel her, her gentle hand reaching down and pulling me out of this hell I still couldn’t wake up from.

Even though I had no idea who she was, even though my own human had betrayed me, even though I spent the last few weeks watching cat after cat get dragged off to the Room to get killed, something told me when this human said I was safe, I could trust her. It took a few weeks for me to shake my shelter cold but my new human was great about giving me medicine (ugh) and I even got to eat fried chicken because I was so stuffed up I wouldn’t eat cat food.

I live in a rescue house now, with a bunch of other cats, and a lot of them have shelter stories to tell too. When I first met them I was a little reluctant to make friends but they were really good about welcoming me and telling me how to manipulate our human into giving us treats (she is SUCH a sucker sometimes, ha!).

This human won’t keep me forever — she’s called a “foster” which is someone who gives animals like me a great place to stay so they have all the time they need to find their forever families — and that’s OK. I like this human a lot but truth be told our house is a little crazy sometimes with all these cats running around, it will be nice to find a family of my own. Hopefully with fewer cats. Don’t get me wrong, I like cats but this is a little nuts, it’s like there’s always a cat coming or going.

I’m sorry things didn’t work out with us, my human. I still don’t know what I did that made you decide to take me to that bad place but I’m not even mad.

Things are great here. We have lots of great toys and cat trees and scratching posts and we eat really good food that doesn’t upset my tummy like some of the stuff you used to feed me when you said you didn’t have time to get to the pet store. I have foster brothers and sisters to play with when I want to but mostly I hang out in the hammock the human put in the window and watch the birds. I admit I look out that window sometimes and wonder what you’re doing, my human.

Whatever it is, I hope you’re happy. I hope you don’t worry about me. I hope you don’t take another cat until you know for sure this time that it’s for life because I don’t want you bringing another cat to the shelter in a couple years like you did me when you decide the cat no longer fits into your life.

I write this in honor of all my shelter friends who went into the Room and never came back. My rescue human helped me write this on behalf of me and the many other cats here in our home who experienced exactly what I did through no fault of our own.

Pets surrendered by tenants end up in shelters exactly like this. Know that most people adopt cute and cuddly babies, not grown-ups. It’s time to face an unpalatable truth. If your real estate agency prohibits pets on premises, you might as well pick up a gun and do it yourself. You are part of a system that kills animals.

 

The good news is you can change the way things work. Talk to your boss, your colleagues, and your clients. Don't get sucked into talk about risk management strategies. Tell them what happens to surrendered animals. Say, I think we need to look at the way we do things around here. You can make a difference.
 

 

 

The House from Hell

A former tenant has dobbed in the house from hell - 26 Aminya Place of Farmborough Heights. The agent who manages the property is Sarah Tanti from Domain First National of Unanderra. Her online profile states - Past and current clients describe Sarah as hard working, efficient, thorough, considerate and kind. I am not sure whether her tenants would describe her this way. The following is an account from a tenant who lived in the house.

We spent two and a half years at the property from hell. Whenever we would talk directly to the landlord about something he needed to do, we would feign inability to understand the English language. His English was perfectly fine when he was telling us what to do. After two and a half years, we have had enough and we moved out. Now, after moving out of the house, we are told that we have to fork out $300 for cleaning because the agent claims we left it in a filthy state. I should say not. The house is a damn site cleaner that’s for sure - it's also had repairs done properly, probably for the first time since the place was built. She has furnished us with a copy of an invoice for cleaning, grand total of $289.

The agent would always appear to be amiable and on our side with many things, being sympathetic to our situation, and saying things like – ‘I understand what you are going through’. None of this ever helped. The agent told me at one point – ‘I can't believe you're still here’. I was also told she was going to get rid of the property because she did not want to deal with the landlord anymore. When I handed in the notice to vacate, I asked her if she was going to cease looking after the property. She informed me that she was going to continue to look after the house because the family had five other properties with the agency. When we expressed our disgust at the way we had been treated, we were accused of verbal abuse and personal attacks. This did not happen. We have been upset and frustrated at the lack of care we have received by both landlord and agent, but to tell us that we are pigs is not exactly the right way to go about conducting business.

Here are a few of the things that went wrong with the house:

1. The house was dirty when we moved in. The usual stuff - dirty windows, window sills, greasy oven in the kitchen. Cleaning was done up to eye level, the shelves above eye level were dirty. The laundry had dirty windows and sills, and the curtain in the shower was torn. The curtains in the rumpus room were dirty and rotting from sun exposure.

2. Upstairs, the windows do not fit the window frames. The frames are shrinking from the rain and sun - they leak. One window actually fell out of the frame and hit my child on the head and shoulder leaving bruising. Fly screens are ripped and torn. After two years these were fixed, sort of. The landlord actually used old screening that was rotting before it went into the frames.
 
3. There were a range of health and safety issues. The rangehood fell off the wall in the first week and split my co-lessee's head open. Light fittings fell out of the ceiling. Smoke alarms did not work - it took two years to get ones that worked. The front door did not lock properly because the door was crooked and the lock was faulty. The locks on the rumpus room door were also faulty. The bathroom exhaust fan backs onto a solid wall. The owner told me there was nothing wrong with it - despite the fact that I've scrubbed mould off the bathroom walls so many times I've lost count.
 
4. Insects come into the house through the gaps in the staircase. The downstairs carpet was littered with dead insects, and leaves – a variety the entomology department at the Australian Museum would be proud of. The sliding doors didn't work, partly because they were faulty, but also because they were encrusted with dead insects, loose leaves and dirt. The corners of the sliding doors were encrusted with spider nests.
 
5. The gutters were full of leaves and overflowed the week we moved in, running down the walls and into the house, soaking the floors. The roof leaks, there are stains inside on the ceilings.
 
6. You can see through the gaps in the floor into the carport underneath the house. Underneath the house in the carport, you can see where he has packed the floorboards with bits of cardboard in an attempt to level the floor. It didn't work. The overflow drain in the bathroom fell through the floor - this gave us a fabulous view of the carport. That is all there is between the carport roof and the bathroom floor - one thin piece of tiled fibro. The floor is exposed.
 
7. The laundry and storage room flood whenever it rains heavily. After two years of complaining about the flooding laundry, the landlord came to repair it himself. His idea of fixing it was to dig a foot wide/deep trough around the house and cover it with cut up pieces of roller door. It remained that way for some time before he came back and covered it with wire and bricks. When he dug up the trench and exposed the plumbing we didn't know whether to laugh or cry - he had previously repaired the plumbing with plastic shopping bags and gaffer tape. I kid you not. The carpets in the storage area were rotting (after several flood events), as was the rubber tiling under the carpet. When we removed this because it stank we were questioned by the owner and the agent.
 
8. The sewerage backs up and spills over at the rear of the property (that was eventually fixed). The runnel was dug up along the driveway to divert water away from the house. It now stops dead in front of the neighbour’s front door. Due to this, each time it rains, it undermines the neighbour’s retaining wall which is now collapsing.
 
9. There was a sink in the corner of the main bedroom. The plumbing was faulty. One time, the hot water pipes burst. The water ran down the walls through to the electrical work downstairs creating a live pool of water at the bottom of the staircase. The switches on the wall were sparking. Thankfully my children did not discover this. When we placed an urgent call to the agent, we were not sent a plumber. The landlord came around and said he would fix it. When the panel came off the wall, it showed previous repair work. The two copper pipes were different sizes and they were held together with a rubber band. I rang the agent and literally had to beg for a plumber. The only reason the plumber was called was because I threatened legal action. The owner stood there and argued with the plumber. He was not going to let him repair the fault. I told him we would sue him so he let the plumber repair the plumbing. Mysteriously, that plumber was no longer working for that agent after this event. My co-lessee then repaired the electrical work (he is a licenced electrician) - who knows what kind of state it would have been in if he tried to do it himself. There is evidence all over the house of his so-called repair work in that department.
 
10. The toilet upstairs leaked for over 12 months before they repaired it. It moved every time you sat on it and the stench from the entire neighbourhood would emanate from it because the air pipe was placed before, and not after, the waste area. The downstairs toilet still leaks.
 
11. The walls were supposedly painted before we moved in. He had painted the walls with a thin coat of ceiling white. It was so thin that you could see the old dirty marks through the paint, when I attempted to scrub the walls when I left, I was removing paint - that was just with spray and wipe and a cloth.
 
12. TV reception is just terrible - in two and a half years it was never repaired. Instead we were told our television was at fault.
 
13. The owners stored a whole heap of rubbish in the backyard - including washing machines, pool pumps, bathroom sinks, building rubble of all sorts of description. When we requested that it to be removed, we were assured it would be - most of it was still there when we left. Some of it had been placed at the front of the house with our rubbish. When we rang council to tell them that the landlord had been adding rubbish to our pile, we were told that the agent had rebooked the collection for a date two weeks after our initial request. The agent then wanted to know why we had not booked rubbish removal. The landlords live behind us and down two doors. Because their house is on a ridge and their property extends down past ours, he would walk from his house down into our yard and throw extra rubbish on the pile.

We were never furnished with a condition report, even after constantly requesting one for the first six months. We were told by the agent when we moved in that she hoped we were people that just repaired things, rather than ringing up every five minutes to get a light bulb changed. This should have been our first warning. The second warning was the fact that a condition report was never done. Instead, she is claiming her 280 photos of the house are her condition report. The first inspection that was done on the premises was a full two years after we moved in. At that inspection I gave a detailed list of things that had gone wrong, things that we fixed ourselves because nobody ever got back to us and a list of things we wanted repaired (again).

The agent has accused us of not informing them about the rangehood or the window. We were taken to task because we put working locks on the rumpus room door and the storage area, despite informing the agent by telephone that we were doing so due to the fact that our personal items were not secure and my insurance would be null and void if we were burgled. We left so many messages at the agent's office - unreturned emails, unreturned phone calls (both on mobile and on landline). So many requests were ignored. We informed the agent in writing we wanted to be at the final inspection, it was completed without our knowledge or presence.

By far, the most frustrating and upsetting thing about this whole experience is the things we had documenting with dates of phone calls and things going wrong or things we repaired ourselves have been destroyed. The laptop crashed with all of our emails and our detailed records and the printouts that were stored in a box downstairs were turned to pulp because the damn storage room was flooded out. I hope that there is some way this house can never be leased to another naive and unsuspecting person again. The landlords are a disgrace, the agents are not much better.

Tenants often tell me they are accused of verbal abuse when they request repairs. Everyone has the right to safe working conditions. But I think it is often used as a strategy to delegitimise tenants and their experiences. Tenants have a right to be angry if landlords and agents are blatantly breaking tenancy laws. Should tenants request repairs like this? - 'Please sir, I want more'.

We have learned a lesson here. Keep your records and documents safe. Back them up thrice if necessary. Don't risk losing evidence, because that's the only thing you have to fall back on.

 

 



Postscript. The real estate agent, Sarah Tanti has been in touch with Bad Landlord Australia claiming that the tenants left the house without cleaning the premises.

 

 

22 Ways to make housing economic for the people, not the investors

The below was written by Howard Marosi of Friends of Public Housing in 2012. Bad Landlord Australia approves - we love ideas here!

OBSERVATION:

Our competitive system drives up home prices and allows the wealthy to deprive others of home ownership and then exploit them via rents. There is no shortage of housing stock. There are many new dwellings being constructed, but are sitting vacant because they are unaffordable or located too far away from the city- yet thousands more such homes are to be built.

Also, the 2011 census showed 934,471 Australian homes were empty, many kept off the market as property investments and tax write-offs. In other words, there are about nine times more empty houses as there are homeless people.

DEFEND AND EXTEND PUBLIC HOUSING:

1. Public housing can be for everyone that wants it. Just like public education and public health. Opening up public housing to all will stop the ghettos, and will raise more funds, as wealthier people will also rent.

2. Not for profit rents in Public Housing. (Public tenants pay a fixed rate of 25% of their income). As wealthier people enter public housing, rents can be lowered for the poorer tenants. An absolute maximum amount of rent for public housing can be introduced, to make it worthwhile for those on higher incomes- for example, $200 per week per wage earner.

3. Stop and reverse the gift of public housing from Government to the “Affordable Housing” Sector, known as “Housing Associations” or “Community Housing”- against the wishes of public tenants. In reality, these are private organizations, which do not have to obey the rental limits, or provide security of tenure.

4. It is not necessary to have “mixed developments”, like that in Carlton, where some public housing units were demolished, then replaced by mainly private homes and some public housing units.

5. Existing housing can be acquired for the Public Housing sector- see point 13 below.

6. Public land should be reserved for public housing needs, and only sold privately when those needs are met.

7. If new public housing needs to be constructed, it can be funded partly by the ways suggested over the page in “ Government Finance and Taxation of home ownership”. However, it should also be noted that Public Housing currently returns a profit, so that over the long-term, the Government can afford to construct more under current conditions.

GOVERNMENT REGULATION OF PRIVATE RENTAL PROPERTY:

8. Rent control- limit rent rises to rate of rises in wages/pension.

9. Security of tenure for private tenants. Landlords must have a legitimate reason to evict tenants. That does not include renovating a property to get a higher rent.

REGULATION OF HOME OWNERSHIP:

10. Home ownership for all who want it. To be achieved by Government regulation of financing and ownership.

11. Government to limit the number of homes one person can own. Exemptions if necessary for the purpose and period of construction of new homes.

12. The total number of rental properties to be limited to the number of people who would rather rent than own.

(People who own rental properties are depriving other people who want to own their own home. And bidding up the price).

13. Government to encourage lifetime ownership of housing over freehold ownership, with the ownership to revert back to Government upon death of owner. (for example, by cheaper loans for this than for outright ownership).

Government then to sell or rent the properties it regains, as per needs and preferences of the population.

GOVERNMENT FINANCE AND TAXATION OF HOME OWNERSHIP:

14. Abolish negative gearing for investors.

15. Establish a Government bank to finance home ownership, with deposits fully guaranteed.

16. Government Bank to attract funds from public by Government ceasing to guarantee deposits, or reducing the level of guarantee of deposits, in private banks.

17. Government to limit private banks` home mortgage interest rates to the rate of wage/pension rise.

18. Big taxes on inheritances of investment property. Some tax on inherited owner-occupied property, too.

19. Taxation of income from rental property to be at a higher rate than tax on wages.

20. Moratorium on mortgage repayment for those who become unable to pay through loss of job, illness etc.

21. Eliminate stamp duty for owner-occupiers.

22. The first-home owners’ grants would be unnecessary if these other measures are adopted, and can thus be removed, saving Government funds.

 

Rent Bidding: A Zero Tolerance Approach

Rent bidding occurs when tenants are forced to bid against each other for properties. There are two forms. Rent bidding occurs when parties are invited to make offers as to the rent payable (‘rental auction’). It also occurs when prospective tenants are encouraged to bid within a certain range or above the advertised price (‘rent bracketing’).

This occurred in the last post when the landlord encouraged Giselle to make a counter-offer. Whether or not the landlord was truthful is another matter. Tenants are also offering more than the advertised price just to secure a rental property.

The reality is that desperate tenants are pitted against each other. As a group, rent bidding is detrimental to the interests of tenants. But individually, tenants benefit if they are able to secure housing appropriate to their needs. Rent bidding is an immoral and exploitative practice. It should be outlawed in all states and territories.

In Queensland, rent bidding is illegal and expressly prohibited. Under section 57 of the Residential Tenancies and Rooming Accommodation 2008 (Qld), landlords and property managers must advertise properties at a fixed price.

I looked at the Residential Tenants Authority website, it states, ‘Rent auctions are illegal but could occur in isolated incidents’. I found this really interesting. They could have said, ‘Rent auctions are illegal and will not be tolerated’. One does not say, murder is illegal, but it happens.

Section 57 also has a weakness. It doesn’t stop requests or offers as to the amount of rent being paid in advance. I have heard of people offering 6 months rent in advance to secure a house. But what if you don’t have savings? What if you don’t have a well-paying job?

On the other hand, rent bidding is not specifically legislated against in the Australian Capital Territory, New South Wales, Tasmania, Western Australia, Northern Territory, and South Australia. I was really surprised to find that all these jurisdictions have not dealt with this practice. The Tenants’ Union of Victoria is however currently campaigning for rent bidding to be outlawed. God bless.

Even though rent bidding is not specifically outlawed in these states, it probably comes under the auspices of federal law. Section 18 of the Australian Consumer Law provides persons must not in trade and commerce engage in conduct that is misleading or deceptive. I think it is misleading and deceptive to advertise properties at a fixed price but then later ask for more money.

Rent bidding is just another example of how consumers have better protection under law than tenants. The problem is that tenants usually don’t want to sue their landlords. Depending on the statute of limitations, tenants could recover the difference after the lease has ended. Tenants could also sue real estate agencies direct via some kind grouped proceeding.

Rent bidding is highly unethical. If a property manager engages in rent bidding, they might be breaching their code of conduct. In the Australian Capital Territory, there are rules of conduct. They are contained in Schedule 8 of the Agents Regulation 2003 (ACT). Property managers must act fairly, honestly, and professionals with all parties. They are not allowed to mislead or deceive any parties throughout negotiations, or engage in high pressure tactics. Codes of conduct, however, do not apply to landlords.

There are a whole bunch of reasons rent bidding should not be permitted. It is reasonable for tenants to expect properties will be available at the advertised price. Tenants lose time and money applying for and inspecting properties they cannot afford. Rent bidding makes it even harder for low income tenants to secure affordable housing. We know market forces don’t work by themselves otherwise we would not have such a big homelessness problem.

Some argue rent bidding should be permitted because it is acceptable for owners to sell properties by auction. But in the consumer market, it is not acceptable for businesses to sell goods and services to consumers for more than the advertised price. The difference is not between a nice house and nicer house, it's between a house and the streets. Rent bidding is just another way to push low income tenants out of the housing market. If the government does not address the housing crisis, housing is going to be the preserve of the wealth and privileged. That's not the kind of society I want to live in.

Rent bidding was controversial around 2006. The media was making noise about the practice right across the nation. But then it disappeared off the radar. The heat slackened off and governments didn’t deal with the issue. It is now making a reappearance. Let’s hope we get results this time. Rent bidding should not be tolerated full stop.

 

See More:

• Angela Saurine, ‘Bold bid for rent auctions’, Daily Telegraph, 31 October 2006
• Maurice Dunlevy, 'Rental auctions banned', The Australian, 28 February 2007
• Stephanie Anderson,' Landlords encourage rent bidding', Canberra Times, 22 August 2012
• Bellinda Kontominas, ‘Desperate tenants in bidding wars’, The Sydney Morning Herald, 17 June 2006
• 'Dodgy agents drive bidding wars', News.com, 27 August 2008
• Graeme Powell, ‘A tight rental situation becomes desperate for some’, ABC News, 21 march 2012

 

Gumtree: Perils of Renting Privately

Be very careful when applying for rental properties through the popular trading site, Gumtree. Last year, the media reported that fraudsters were renting out houses they didn’t even own. Many people were left homeless and broke after dealing with these tricksters. I would not put money down for bond unless you have physically inspected the property. Gumtree also recommends that its users meet landlords face-to-face.

The other problem is tenants are dealing with amateur landlords who have got no idea what they are doing. And landlords can be difficult when they are renting out their homes, as opposed to investment properties. Half the time I think they expect their house to look exactly the same as when they rented it out. Property managers are not much better, but at least they have some standards as dubious as they are.

Giselle wrote in with her story. She obtained a property through Gumtree. In her view, it's just not worth the time and hassle. Giselle would like to warn other tenants about Luong Nguyen Vo of Werribee, Victoria.

My partner and I decided to move into our first place together back in July, 2013. We were so excited for this step in our lives and started house-hunting. We found a townhouse listed on Gumtree for $280 per week - we arranged an inspection and fell in love soon as we saw the place. We applied and were offered the premises. About a week after signing the lease, we received a text message from the landlord stating other people had offered $315 per week for the premises and that if we can't go any higher she will need to rent it to these people, at this point we were so clueless with what she was doing and devastated we were at risk of losing the house, we offered $300 a week and she agreed. This was just the start of the dramas with this crazy woman.

On the day we were meant to pick up the keys, she called asking if my partner could help move her things. We declined as we did not feel this was part of our duty and were busy finalising both our stuff ready for the move to come. After saying we were flat-out ourselves, she came back at us saying we can't have the keys till late that night then because she has to move all on her own and it's our fault. Honestly, I got upset because our meant-to-be joyous day had been ruined by this selfish cow. Eventually we got the keys at 9pm that night.

The first thing we did was inspect the property...this made me cry even more. She had left half her belongings and the place was just filthy. We took over 150 photos for evidence and I called the landlord to ask why her belongings had been left and when they would be removed. She advised because my partner did not help she could not do it all herself and will arrange removal of the items in the next three weeks. We were furious. I advised she needed to arrange collection of her belongings ASAP or we would be requesting cheaper rent or end lease. She panicked and came and collected some things the next day. But her belongings took up most of the space in the garage.

We noticed this stain starting to come through in the ceiling. After getting my partner's father (handyman by trade) to come have a look at it, he advised it was mould. I called the landlord straight away to advise of the problem and to discuss solutions. Because I have asthma, I asked that it be cleaned and sealed ASAP. She agreed and said I was welcome to clean it with bleach in the meantime. I just used some alcohol wipes over the affected area for a short-term fix. Weeks later, after hearing nothing, I called asking for an update. She yelled and abused me and denied any claims I advised her of this problem. I commented that I was having respiratory problems. She got extremely defensive and started telling me how she booked someone to come the following day. This was eventually fixed about two months later.

This woman is a complete nutcase. She found a reason every week to come to the house – it was just an endless amount of pointless things, like getting quotes for new flyscreens. We had random men coming to our door asking for her, when advised she didn't live here anymore they would tell us of how she ruined their lives and took their money. We've had countless tradesmen come to our door chasing her for payment.

During our first inspection, she claimed we had put plastic doorstoppers behind each door  and she would be claiming from our bond. She gave us a written notice that we were not to do any garden maintenance unless approved by her (this included mowing the lawns). She claimed we cut down her favourite bush (a weed!). I advised that we had not removed any bush/plant. She is now claiming compensation for this bush ($7 I mean come on!).

My partner and I decided to break our lease and gave her over a month's notice (in writing of course). She took it better than I expected. But then the inspections came, she needed access all the time. Before vacating the premises, we paid for a professional cleaner to come in so she had absolutely nothing to come back  at as us about. When doing the final walk through, she ignored me, told me she would not be signing the bond claim form, and didn’t want to see any receipts. I asked her why she not signing the bond form when there were no major issues with the house...she ignored me. She later called asking for money because she couldn’t afford to move into a new home. When declining her request, she again told me she would not be signing the bond form. Beware to everyone out there. Because of this experience, I will never rent privately again.

On a scale of one to ten, I give this landlord a big fat zero. Yes, I am a fan of Grumpy Cat. In my next instalment, I will look at the practice of rent bidding.

 

See More:

Greg Stolz, ‘Malaysian-based fraudsters place fake Gumtree ads to scam Queensland renters’, Courier-Mail, 18 August 2013