Greediness VS humanity...please read our nighmare story...who can advise?

Hi everyone, I'd like to share my nightmarish experience with our ex rental property.

Apologies for my rusty English.

My partner and I rented a 3 bedroom house at the bottom floor in a 3 floors building in Brighton Le Sands in front of the beach 1 week before our beautiful baby was born. House was nice but terribly kept, so between our 2 families and our limited efforts (with a brand new baby) tried to fix it, by painting it, grouting the tiles, scrubbing it etc. etc.

The kitchen was old and filthy, so we agreed with the landlord and real estate agent to do a renovation ourselves and get a 1000$ budget from landlord. We felt like being in the show :The Renovators” where we had pull a kitchen out at almost no budget whatsoever.

We bought a decent 2nd hand kitchen on Ebay . So we had to take the filthy tiles off, cement the wall, painting it (no budget for new tiles don’t forget) etc. and start putting the cabinets up. We managed to get ¾ of the kitchen only the stove was missing as the big drama was about to happen…

New owners from the above apartment during (perhaps a badly done renovation) discovered the concrete had “cancer” starting from the balconies all the way to the whole house area. Results: the whole building was in risk of collapse. Us and the family above us ,also with kids ,were asked to evacuate immediately after an inspection from Strata engineers.

We were homeless in less than an half hour.

The real estate found us an emergency accommodation for the upcoming night in one nice serviced apartment near the airport. They said….go ahead and anticipate the money that insurance will refund your expenses… of course that never happened and 10 days later and 2000$ shorter we understood no one was going to refund us or help us at all….how brave is it to have a young family with a 2 months old baby on the street and nobody giving a sh..t about it…??

We had to leave this hotel as we couldn’t afford 200$ a night and so by not having nowhere to go, we had to go to the housing commission for help. They gave us a dodgy motel for few weeks.

In all this time (approx. 1.5 month as homeless) we were living out of a suitcase and lots of fake promises of help from real estate. We were never given an official document from engineers about the status of the house (we asked for it every day but never got back). And then we were asked and forced to end the lease from real estate

We found a new house 1.5 months later, and asked legal advice to the Consumer, Trader and Tenancy Tribunal (CTTT) and went for an audience to the tribunal with an expenses compensation request, (just what we had to pay in 1.5 month in accommodations and overall expenses) .

In the tribunal, the real estate agent (on behalf of the landlord) counter claimed us at 10000$for damaging the property as the kitchen was unfinished???? Yes you read it right, we got evacuated from our house while in the middle of the renovation (how could have we finished it???) and then accused to have left it unfinished and have damaged it ….btw there is one stove to complete, that’s it, while the landlord wants 10000$ and a brand new kitchen….greedy bastar..s !!!

First audience in the tribunal got postponed to another audience in 3 weeks’ time since both parties were in opposite claims .

What you guys think? Is anyone who can advise us what to do? It seems unreal that we get kicked out like refugees, going through hell with a 2 months old baby involved and still asked to pay for it, where this world has gone too??

No money for lawyers advices, anyone can help?

Thanks in advance
 
There is insurance coverage you could have purchased to include emergency accommodation. We try to impress the importance of this insurance to all of our tenants. Our coverage will not compensate them.

From past experience, we no longer allow a tenant to do repairs. There is no guarantee they have a clue of what they are doing....which has caused inferior work, or added cost to have it repaired. Did any repairs you did, compromise the structure?

Have the upstairs occupants returned to the property?
Have you and your family refused to return?

I think there is more to this story.
 
What insurance are you meant to claim the money from? The landlord's building insurance is to protect the landlord, not you, the tenant.
 
There is insurance coverage you could have purchased to include emergency accommodation. We try to impress the importance of this insurance to all of our tenants. Our coverage will not compensate them.

From past experience, we no longer allow a tenant to do repairs. There is no guarantee they have a clue of what they are doing....which has caused inferior work, or added cost to have it repaired. Did any repairs you did, compromise the structure?

Have the upstairs occupants returned to the property?
Have you and your family refused to return?

I think there is more to this story.
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We didn't know anything about purchasing insurance coverage, doesn't happen every day to get evicted...

Did any repairs you did, compromise the structure? Absolutely Not!! we actually improved it!!

Have the upstairs occupants returned to the property? No, they never returned, the premises are not liveable !

Have you and your family refused to return? we haven't refused to return!! they didn't even ask us to return....landlord terminated the lease

there is nothing more to this story I didn't tell you, trust me. That's the way it went, I can't believe I am still getting doubted...we may be tenants but we still have rights
 
If you go to Fair Trading, they should be able to give you some advice, or at least point you in the right direction. If you are on a low income, I believe Legal Aid can help, however most things go to the Tribunal when dealing with Tenancies.

What did your lease say? Where was it written that you were going to do a renovation and what were the conditions under which this would proceed? I am hoping for your sake that there was some kind of written evidence of this.

You say that there was a claim made on you for $10k, but has it been approved? Did you take photo's of the work done as well as what is left to be done? If you haven't can you get back in to do this? Have you got any quotes from tradesmen to have the kitchen finished?

I don't think the insurance that Kathryn mentioned is available in Australia.

Good luck
 
If you go to Fair Trading, they should be able to give you some advice, or at least point you in the right direction. If you are on a low income, I believe Legal Aid can help, however most things go to the Tribunal when dealing with Tenancies.

What did your lease say? Where was it written that you were going to do a renovation and what were the conditions under which this would proceed? I am hoping for your sake that there was some kind of written evidence of this.

You say that there was a claim made on you for $10k, but has it been approved? Did you take photo's of the work done as well as what is left to be done? If you haven't can you get back in to do this? Have you got any quotes from tradesmen to have the kitchen finished?

I don't think the insurance that Kathryn mentioned is available in Australia.

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Thanks Skater, I am talking to Fair Trading and I do have written email evidence that the landlord agreed to have the kitchen renovated. I do have photos too. Thanks also to the kind users who called me princess or who am I again....I did appreciate your cyber bullying, I only asked for an advise since my family went through a bad experience, if you ever happen to be homeless with no money and a little baby then we talk, thanks again Skater for taking the time to reply in a civil manner
 
Thanks Skater, I am talking to Fair Trading and I do have written email evidence that the landlord agreed to have the kitchen renovated. I do have photos too.

OK, if you have photos and some written evidence, they should look at this when making their determination. Hopefully you will get a fair outcome.
 
I typed a response, but somehow managed to lose it.

I was going to ask if you can get inside to get photos to show the work you have done (but it seems you do have photos - good). Photos were the most helpful thing when my parents took some tenants to tribunal after they left the house a pigsty. My parents won the bond back which covered professional cleaners and new curtains to replace the ruined ones.

I would get the photos in order, and a short, bullet-point order of what happened with dates etc.

We found the "judge" read our bullet-point summary, looked at the photos and ruled in our favour. My mother got a chance to have her say, but the bullet-point sheet of paper and the photos were what he was most interested in.

You may not get any money for living elsewhere, but at least you may be able to prove that you have no liability to pay the landlord for "destroying his kitchen".

Good luck.
 
This sounds like a sad story. You should never renovate someone's place that you rent and likewise landlords should not allow tenants to either. This story really highlights how things can go terribly wrong. All I can say is, I wish you well and I'm sure you are in a good place to gain knowledge on what you can do for your situation.
 
This sounds like a sad story. You should never renovate someone's place that you rent and likewise landlords should not allow tenants to either. This story really highlights how things can go terribly wrong. All I can say is, I wish you well and I'm sure you are in a good place to gain knowledge on what you can do for your situation.

First thing that came to my mind too...why complicate things in the first place ?

Although I believe I might feel a bit more empathy for your situation with a new born baby than some of our other fellow posters have expressed.
 
I don't think the insurance that Kathryn mentioned is available in Australia.

Good luck

Skater,
Yes this insurance is available in Australia..I checked on it before I wrote my post. It is for when a property is no longer habitable...along with their contents..in renters insurance.

We had tenants do repairs couple of years ago. It cost us $15K to repair the damage and we actually won in court. Collecting payment is another matter.

When another tenant burned down our property, their lease was also terminated, by the tenancy board.

When it came apparent you would not be returning to the property to reside, that was most likely their only option.
 
I'm sorry to be blunt but I cannot understand why anyone would be prepared to move into a dump of a rental property and agree to renovate it :confused:. Why not find a better rental that only required you to pay the usual rent, bond and, instead of putting your hard-earned $$$ into someone else's house you could open a savings account and start putting money away to, one day, purchase your own. Was there some kind of 'deal' ie. very cheap rent, etc ?

Sorry if I come across as being judgemental, but I wish you all the best and hope that nothing like this mess ever occurs in your life again.
 
I think some are being a little harsh

The majority of members on this forum either have IP's or would one day like to own one (or more).
In sailor's situation however it sounds more like a case of a very low income family that perhaps may never even get the opportunity to own their own home let alone the dream of further IP's. Who would have thought that not everyone had the opportunity to acquire millions of dollars of assets over a lifetime..:confused:
I think a number have responded from a Landlords perspective without giving concession to the possibly that Sailor was on such a poor income that they could not afford anything better.
Being on a low income is difficult enough without having to worry about the the arrival of a new child into what really sounds like a bit of a slum!

Not everyone is savvy with tenancy laws and the "golden rules" of renting so
why are we criticising Sailor for wanting to have a go at improving the environment for his/her family.

I think the best option is you seek professional advice from legal aid who will most certainly be able to offer assistance if you're circumstances are as you say.

Good luck and I wish you all the very best with your new family

cheers
B.D
 
I think a number have responded from a Landlords perspective without giving concession to the possibly that Sailor was on such a poor income that they could not afford anything better.
Being on a low income is difficult enough without having to worry about the the arrival of a new child into what really sounds like a bit of a slum!


cheers
B.D

You may be right B.D.
Don't forget it may be a bit of slum, but it was tenants who previously vacated it...leaving it that way.

When the OP viewed this property I will also assume they said something similar to: Oh, it is very dirty., but we can clean it. If you provide the materials we will install the kitchen and make it better...free of charge.Yes, we know what we are doing, we have done it before.Yes, we will paint and do a great job....you will keep the rent cheap too, right?

From experience, what one person considers a good job painting etc, is nothing more than a mess.
We have some properties where tenants are not permitted to paint, and others where we don't care. The "we don't care" properties are very very basic. They are old, ugly and structurally sound. We do not renovate, only maintain..and they are very CF+
 
You may be right B.D.
Don't forget it may be a bit of slum, but it was tenants who previously vacated it...leaving it that way.

When the OP viewed this property I will also assume they said something similar to: Oh, it is very dirty., but we can clean it. If you provide the materials we will install the kitchen and make it better...free of charge.Yes, we know what we are doing, we have done it before.Yes, we will paint and do a great job....you will keep the rent cheap too, right?

From experience, what one person considers a good job painting etc, is nothing more than a mess.
We have some properties where tenants are not permitted to paint, and others where we don't care. The "we don't care" properties are very very basic. They are old, ugly and structurally sound. We do not renovate, only maintain..and they are very CF+

Yes, good points Kathryn.
I concur that loose arrangement such as that which Sailor has entered into are fraught with danger and to be frank, should be avoided.
My point was more so to do with those critcising Sailor for wanting to improve the environment for his/her family but not being savy to the traps this brings.

I also agree with your comments about differing views people have on the the word "complete" or "finished".. :)

I'm sure if Sailor could turn back time, the kitchen would have never been started but the best thing now is to seek the proper legal advice and once proceedings are complete, move on.

cheers

B.D
 
In sailor's situation however it sounds more like a case of a very low income family that perhaps may never even get the opportunity to own their own home

It sounds that way, but for the more sceptical, and looking at the number of posts, it may also sound like someone trying to make LL's look bad.
If you read the comments in the paper recently, there are many with vested interests attempting to portray LL's as the devil.
 
It sounds that way, but for the more sceptical, and looking at the number of posts, it may also sound like someone trying to make LL's look bad.
If you read the comments in the paper recently, there are many with vested interests attempting to portray LL's as the devil.

I think we worry about our own position as landlords and read too much into stuff

The landlord was just as stupid to agree to letting soemoene renovate this property as everyone keeps pointing out to sailor that she was.
 
In sailor's situation however it sounds more like a case of a very low income family that perhaps may never even get the opportunity to own their own home let alone the dream of further IP's. Who would have thought that not everyone had the opportunity to acquire millions of dollars of assets over a lifetime..:confused:


A typical assumption regarding landlords. :confused: The facts, of course, in many instances are very different. I saved for my first house deposit (no stamp duty concessions either by the way) from working in a supermarket. My boyfriend (now husband) had an equally low-paying job and also had a second job picking macadamia nuts. You have no idea. We also moved to a regional area as it was a lot cheaper. But living on the beachfront in Sydney would have been lovely ...
 
I'm sorry to be blunt but I cannot understand why anyone would be prepared to move into a dump of a rental property and agree to renovate it :confused:. Why not find a better rental that only required you to pay the usual rent, bond and, instead of putting your hard-earned $$$ into someone else's house you could open a savings account and start putting money away to, one day, purchase your own. Was there some kind of 'deal' ie. very cheap rent, etc ?

Sorry if I come across as being judgemental, but I wish you all the best and hope that nothing like this mess ever occurs in your life again.

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you are right, why did we move in by knowing that? Because our previous lease ended 2 weeks before...delivering....bad timing I know. We couldn't get that picky with getting an house as time was tight so we went for this one, which was a lovely one in front the beach, just terribly kept and dirty. We had to suck it up and accept it anyway knowing we had to work on it, because WE WANTED IT TO BE A NICE AND CLEAN FIRST FAMILY HOME FOR OUR NEW BABY!! in different situations we wouldn't accept to renovate it
 
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