I've been evicted from my own home

I've been evicted from my own home

Story on Perth Now

link


A LANDLORD has been banned from entering his own home after his tenant stopped paying the rent and took out a restraining order on him.

John Sharma and his 11-year-old son, Sushil, have been living in a caravan park for a month because the September 5 order prevents the single father from being within 200m of his Mt Richon home.

Meanwhile, his former housemate of five months, mother-of-nine Kelly Lee-Anne Johnson, lives rent-free in the property, which the father and son previously shared with her.

Ms Johnson is also being pursued by her former property manager, who told The Sunday Times she was seeking $4000 in rent arrears and an alleged $20,000 to cover damages, after she was evicted from another property by a bailiff in March.

Mr Sharma said he signed Ms Johnson up to a one-month "trial" lease in April, but had not received a single payment from her since she paid a bond and two weeks rent in advance, funded by Homeswest.
Cont...
 
I hope my tenant hasn't read this. :mad: It's so wrong! One of my tenants is saying there's a severe rental shortage in Perth northern suburbs so I'm getting the feeling he's going to stuff me around. Can anyone confirm there is a shortage? It doesn't look like it to me when I've researched.
 
i'm sorry but stories like these really annoy me! situations such as these only arise when documentation and processes are done correctly! Granted sometimes going through that 'process' can take a number of weeks, and the owner may lose money (which is why every owner should ALWAYS have landlord protection insurance!!) but people CAN be evicted, forcibly by the police if necessary! So while the situation is clearly unfortunate, if everyone had done things correctly in the first place then this poor fella wouldn't be in the position that he is in now!
 
Restraining Orders are an absolute joke.

Anyone can do it, and there is no need for evidence for the reason to do so.

This is just another reason for these things to be reviewed.

I don't think they hardly ever serve their real purpose.

Regards JO
 
If you had read the article you would see he is getting her evicted but that takes weeks to occur by the time they claim the hardship clause etc no matter how good your documentation is.

Meanwhile she has been given a restraining order which has basically evicted him from his own house as can't come within 200m of her. Break that and he goes to jail/major fine.

Yet another reason I will never build a granny flat behind my PPOR.
 
but people CAN be evicted, forcibly by the police if necessary!
I thought the police would be totally disinterested in residential issues.
I really shouldn't watch these things but I saw on ACA a couple of weeks ago some people rented out there PPOR while travelling for 6 months. The tenants wouldn't move out when there lease was up, and it was going to take 3 months to go through court system to get them out.
 
An earlier post by AlmostBob

Eviction order enforcement, Nova Scotian style

9.01am shut off heat, water, light, remove doors & windows from frames.
9.45 apartment vacated.
10.30 doors & windows refitted, locks changed, heat on.

minus 20deg, landlord's friend,
 
There was an update

Home sweet home turns to horror

IT was meant to be a case of home sweet home when evicted landlord John Sharma returned to his Mt Richon home this week.

Instead, Mr Sharma found his beloved home, which he had shared with his 11-year-old son for more than a decade, had been trashed.

Mr Sharma was banned from going within 200m of his own home after his tenant and housemate stopped paying the rent and took out a restraining order on him, as revealed in The Sunday Times earlier this month.

Continues..
 
The first thing he needs to do is to pay the outstanding bills in his name then disconnect them.

He hasn't followed the apporpirate procedures either. There are people out there who specifically target self managing landlords and take them to the cleaners for months. Self managing is not for everyone.
 
I do see these stories on TV quite often, but, every time I see one I get a little frustrated. Every time the situation could have been avoided if proper procedures were followed every step of the way! I feel terrible for the landlords who are suffering because of it, I really do, but it just goes to show how much research you should do and knowledge you should have before self managing :).
 
well to be fair last night on today's tonight there is another story of self proclaimed wealth creator guy refused to pay the rent and the hearing is scheduled next year february. the owner who was a police officer couldnt do anything about it. He has done everything by following procedures (even managed by property manager) yet it still can happen to him

it's just a shame our law has turned its back on people who are actually doing something right. It's absurd that these people who refuse to pay rent who might have put a big stress on landlord's life and probably affected their family life overall are getting away with no consequences.
 
Thye law work...it just takes time.

I now pursue for damages via the tribunal and push for compensation.

Once you get an order....you can sent that to the debt collectors if they don't pay.

The funny thing is when you put them on TICA and then register them with debt collectors....you can pursue them financially thorugh the courts.

It gets interesting about then....as they are constantly denied rentals and pursued via creditors.

In 3 out of 4 cases the tenants have either paid all their rent or are in the process of paying any debt owing!

well to be fair last night on today's tonight there is another story of self proclaimed wealth creator guy refused to pay the rent and the hearing is scheduled next year february. the owner who was a police officer couldnt do anything about it. He has done everything by following procedures (even managed by property manager) yet it still can happen to him

it's just a shame our law has turned its back on people who are actually doing something right. It's absurd that these people who refuse to pay rent who might have put a big stress on landlord's life and probably affected their family life overall are getting away with no consequences.
 
Thye law work...it just takes time.

I now pursue for damages via the tribunal and push for compensation.

Once you get an order....you can sent that to the debt collectors if they don't pay.

The funny thing is when you put them on TICA and then register them with debt collectors....you can pursue them financially thorugh the courts.

It gets interesting about then....as they are constantly denied rentals and pursued via creditors.

In 3 out of 4 cases the tenants have either paid all their rent or are in the process of paying any debt owing!
yeah but that will take some times, for some people, 6 months without rent might cause them to be in the situation where bank will start repossessing the property, even if you have insurance as it only covers up to certain value (5k-10k) for rent default
 
Pursuing tenants thru the courts is fine, if you receive a "just" judgement.How often have we heard about claims being dismissed as normal wear and tear.

What happens when the tenant is a pensioner, self employed or on centrelink? If they are employed, and change jobs, there are so many "privacy rules" it is very difficult to collect. Then they have the option of bankruptcy to evade paying.

If these people could actually be charged with a criminal crime, such as vandalism, theft etc it might be a step forward.
 
Thye law work...it just takes time.

I now pursue for damages via the tribunal and push for compensation.

Once you get an order....you can sent that to the debt collectors if they don't pay.

The funny thing is when you put them on TICA and then register them with debt collectors....you can pursue them financially thorugh the courts.

It gets interesting about then....as they are constantly denied rentals and pursued via creditors.

In 3 out of 4 cases the tenants have either paid all their rent or are in the process of paying any debt owing!

so what actually happens to those that shaft landlords??

as in, they think they get away with a couple of months of free rent,

and then once some ballsy landlord decides to pursue and put debt collectors into their hands? I assume their credit record gets hit big time and hence the rejections for rentals???

if this was the case then wouldn't paying the rent/expenses back still leave the creidt mark and hence still problems with applying for anything?
 
If these people could actually be charged with a criminal crime, such as vandalism, theft etc it might be a step forward.

They can. But try convincing a policeman to do that - or try to prove beyond reasonable doubt ( as is required ) that they did what you allege they did. It's not as easy as saying 'throw them in jail because my window is broken'
 
They can. But try convincing a policeman to do that - or try to prove beyond reasonable doubt ( as is required ) that they did what you allege they did. It's not as easy as saying 'throw them in jail because my window is broken'

You might be right on the vandalism..but theft (aka rent) can be proved.
It is very similar to shoplifting or running away at a restaurant or petrol station without paying.
 
Back
Top