I Have Been Breached By My Tenant - Need Help!

It would certainly explain them emptying the water tank if they thought the water was contaminated. Doesn't explain some of the other wild claims.

But if they were serious why didn't they pay for an independent water tester to certify the water was contaminated before they emptied it out??

Oh yes I see their claim for water testing. Did you see a copy of the report?

And yes I wonder what triggered this all. It would be interesting to know their past rental history.
 
<1 contaminants (as in zero) at the drinking water taps
Water has been drained from the tanks now so can't be independantly tested.

The tanks were overflowing when I was there 6.10.09. They vacated 9.11.09. Empty. IMPOSSIBLE! They've even attempted to empty the dam. It had just stopped overflowing when I was there & is now ALOT lower.

The current compensation list is N O T H I N G compared to the long winded, multipaged 'summary' that they had on the original breach. That's the one they had amended. When they went to court they had a suitcase the size you'd use going to the UK for a month FULL of paperwork (and the breathing apparatus ; ).

LOL ozperp That's nothing on what my husband wants to say. Hence only me being involved.

handyandy - there are no facts missing. There is seriously a separate forum worth of information I could give you, but in summary, I've written what relates to the current breach / situation. One day, after we proved them wrong in many alligations (like illegal stairs, pest control urgently required for 3 mice, 1 possum and something else that lives in the country, etc) their next thing was the water. They decided to have it tested, didn't like the original test so got another test. THEN they told us about the water. I contacted both scientists who did the tests. We aren't legally obliged to do anything. I was worried at first because I was thinking what on earth could possibly contaminated beautiful fresh rain water? The tenants! The tenants forwarded the reports to us and the scientists emails, and they were found to be doctored by the tenants! They removed information from the emails.

Ceiling in the lounge room unfortunately fell in. Not a crashing disaster, but it fell. It ended up (according to the photos & the tenants advice to us when it happened) leaning on their couches and missed everything else. There were a couple of scratches on a trophy & picture frame & that was it. They said in writing, in an email they won't claim for any damages.

The ceiling was replaced within hours. The tenant overflowed the spa bath right above the lounge the first week they lived in the house. We couldn't prove at all that that had anything to do with it. We had another ceiling replaced by a professional gyprocker (we did the originals) who'd already seen & approved our work, only for our peace of mind, just incase. Knowing now according to the property manager that they would walk around the house "testing" all the ceilings by poking them all over, I actually wonder now too if they caused the first one to come down.

Ultimately when people make silly claims in one area, it devalues the rest of the agrument by a similar amount
Yes Rolf. I like that comment. I'll use that if you don't mind....

I haven't even been supplied invoices or details for any of this compensation list so how am I meant to make any decisions?!

I'd consider paying for their couches to be cleaned, if I get an invoice.

I'll consider reimbursing them for shed locks if I knew why they needed fixing, but why wasn't I told in the first place there was something wrong. They were perfectly fine when I lived there.

They took the orchard on as it was when they moved in. They knew it was self sufficient & no longer had water to it - since two years before they moved in.

I might flick a few dollars towards cleaning the lounge from the ceiling coming down.

But since we know they've wasted 60,000 litres of rain water and tried to empty the dam, paid out thousands of dollars on other maintenance items we now think probably didn't need attending to, been abused, threatened, taken to court, wasted my time, energy and money.............do you really think I'm going to be happy giving them a cent?! N O !
 
Your house is nice and together with the gardens it all looks spectacular!

I can't believe the tenants have been able to take things this far :confused: I don't wanna give you a hard time, but it seems like you might need better legal representation.
I'd like to see you end up writing about these people getting thrown in jail or something like that ;)
 
If you give them 1 cent for cleaning their lounges you will have sealed your fate l am afraid.
Just wait till the court makes their decision.
Try to put some space between you and this horrible issue. For now.
But dont under any circumstances pay one bloody cent to them.
Document everything you do, including costs and reports.
Ring the water authority and ask them what would be needed to use such a large quantity of water. Document their reply.
Be armed and loaded with every bit of evidence and info when and if they take you to court.

Get yourself some new tenants and some sleep.
hang in there
yadreamin
 
Two weeks tomorrow is the mediation for the trial set, with a temporary date for December some time if we can't come to some agreement. The tenants aren't responding to my emails as ordered by the Magistrate (and I'm not going to bother anymore because it's been a month and they're the ones suing me). It should've been sorted by now so if they don't throw it out in a fortnight, I'll ask for a further extention so I can be properly prepared.

In the meantime, I'm hoping the property lawyer I've had recommended to me can send them a letter stating all the facts about their demands being ludacris, they should drop it all, and if not, we will release further information we have that would prove them fraudulant in their worker's compensation claims, aswell as the other doctored bank receipts, forwarded emails from certain authorities, lying to Consumer Affairs, etc......(it's a big list...). I don't see it as blackmail, it's fact and I'll do all I can to stop this. I'm sure they could end up in jail and / or with hefty fines for what we know. Sometimes I think it's worth going through it just for that anyway because I just can't stand to see anyone get away with this kind of thing. Can't believe it's happening to us either, but we're dealing with it. It's going to cost me less employing a lawyer than to waste mine and the property management company's time with all this. I can claim it all too. In the WA local court system, we're not allowed legal representation, just legal advice.

I'm an office administrator & bookkeeper so paperwork is my thing! I learnt long ago working in real estate EVERYTHING needs to be in writing. Good thing for computers otherwise I would've gone through a few trees of paper by now with this one......

yadreamin - careful with your choice of words re armed & loaded. I'm trying to keep my husband out of it as it is ;)
 
Kath,

Threatening to release the information is blackmail and brings you down to their level. Never let them know what you have on them until you are in court etc. Any thing that is detrimental to them needs to be brought up in a professional manner. For example they are claiming a broken finger but you mentioned they are doing a workcare claim. If you have evidence of the claim then bring that up by asking which claim is true, the stairs or at work. List there demands in order of what you can prove is false no matter how small it is and work out your defense around this order. If you start with the small ones first it gradually makes them look worse and worse. I would save the work care claim to last.

As mentioned previously do not offer one cent or even hint at being wrong in any area including the ceiling falling in. One wonders how long this scam has been thought out and if the ceiling collapse was caused by them to help support their claim.

Let them know you are prepared to let the legal system sort it out as you have nothing to hide and don't mind investigators or insurance agents checking your side of the story. Letting them know that others may be involved could be enough for them to back off especially once insurance agent or investigators are mention. You can even go further and look at fraud and mention the police.

Follow the magistrates orders and document all email messages you send. You need to show that they are not following the terms of the order. A good magistrate will grill them on why there orders went followed.
 
Thanks Y33. Everything you just mentioned will be in the hands of the property lawyer. That's what we need the legal advice on. I'm certainly not going to bring it up in court. I'm going to leave it up to their experience & legal opinion on how & when to bring that up. Hopefully an official letter from a lawyer will scare them off. They already think whenever they threaten us with getting the police over, they don't realise they've already been informed. We know the local police aswell so that's handy.

With the next mediation and then hopefully it doesn't happen, trial, we will only be discussing their compensation list. It's just over $11,000.

As of this afternoon, our property manager now has the invoice for refilling the water tanks and having the carpets cleaned so there's nothing left of their bond. I have photos of the overflowing tanks and the water and carpets are in their tenancy agreement clauses. The tenants won't agree to sign their bond release so we're hoping to see the magistrate on the same day of the mediation to have it released to us.

I've told them numerous times, verbally & in writing that even if the Magistrate did award them any damages they're claiming, I'll be putting it straight to our insurance company & they do a separate investigation before paying out on an order. We are totally transparent. I wouldn't be on this forum otherwise!

Thanks again everyone for your input and advice. I'm very grateful for this forum. It's wonderful to be around like minded people - different experience, experiences & opinions, it's fantastic.
 
wow What a nightmare!

Would make a good A Current Affair or TT story!



Just a thought - is it possible to collect water from tanks and sell it on? Surely all that water made the gardens like a quagmire.

These people sound like professional scammers to me, would like to see them in front of Judge Judy:D she'd have a field day with them!

Glad to see you have a legal eagle helping you out as these people have probably done this before and have lots of tricks up their sleeves. Then again, I knew someone once who had the same mental health issues you mentioned and they truely believed what they were saying- fantasy becomes reality for them.

I hate seeing people being ripped off. If I was religeous I'd say I was praying for you, so I'll just say I'm thinking of you. I hope it all works out OK. Keep us all posted.

Good Luck
 
I hope this is not a silly question, but are your legal costs covered by your Landlord Insurance? The mention in one post of changing Insurance companies because they wanted to settle has me a bit worried about how to deal with the Landlord Insurances.

I had an RACV claim settled on my car because it was cheaper for them and it really annoyed me that saving some money means them allowing people to rort the system, and if its a pitfall I'd like to cover the bases.
 
I've already been threatened with the media aswell. Apparently the media will be waiting for us when we get to the supreme court according to the tenants because of all my dirty tricks. Dirty tricks being all of my phone calls to everyone they've ever mentioned. They weren't expecting me to do any research & still think the property manager doesn't communicate with me. Which of course they've complained about.

It goes on & on. Anything you can think of, they've tried it.
 
If they didn't sell the water, they probably just dumped it all down the stormwater drains - just because they can't help trying to bring everyone down to their level.

It would be nice if on top of getting these scumbags thrown in the slammer, you end up getting to sell your very carefully worded story for some big bucks :)

I'm guessing you're just going to say "no comment" to the media.
Even if you just said something like "We're the victims here, don't believe their lies.", they'd probably then try to charge you with defamation, slander, emotional damages, etc :rolleyes:
 
I'm certain the media comment was just another threat. In saying that though, if it did ever come to that, I am fully prepared, have everything in writing, photo evidence and plenty of people who've been involved to back up our defence. It'd only give us more strength. Wouldn't bother me actually.

The water could have been slowly leaked out from taps & the tanks over the month the tenant wouldn't let anyone onto the property. That's a long time. They could have even turned the kitchen tap on & let it go down into the wastewater tanks.

Julie - yes legal costs are covered by our insurance.

I've tried another friend who's a lawyer who's too busy to help me at the moment unfortunately. A recommended property lawyer I rang told me on Thursday I should ring a local general lawyer as his costs would be too expensive for the matter. So now I'm waiting to hear back from another in Perth.

***Regarding insurance - just a note (should I start another thread?), if your tenant runs a business from home, you need to note this on your insurance as some companies won't cover you for Landlord's Insurance.

After the property manager noticed our tenant was advertising a home based business on her car, she approached her after checking out the website which said "home based business". She went overboard as usual & said it's a "hobby" although they had printing equipment in the house blah blah. Anyway, we would have been OK with it. THE MAIN POINT IS - if that printing equipment had become faulty & burnt the house down, WE WOULD NOT HAVE BEEN COVERED!

All that needs to happen (according to our SGIO advice) is we note it on our insurance and ask the tenant to confirm in writing their business & intensions & they pay for their own separate business insurance (I think it's liability).
 
Lawyer versed in the WA Residential Tenancies Act

I have this terrible feeling the lawyers grapevine has spread & no-one wants to help me! It feels like my issues are too small for a 'big company' and too big for independant self-employed lawyers. What to do?!

CAN ANYONE RECOMMEND A LAWYER PLEASE?

I was advised this afternoon the previous tenant, who asked for a trial with a Magistrate for this Thursday, has O N C E A G A I N asked for an adjournment and is unable to attend. :mad::mad::rolleyes::confused:

If I flew down AGAIN to attend court, it would have been ANOTHER waste of time and money. How many times are they going to do this? How many times CAN they do this? THIS IS THE 5TH TIME they've requested we attend court & the 5TH TIME they are not prepared!!!!!!!!!!

I'm finding it very hard to have faith in 'the system' at the moment. I found out too from asking how I can have the whole case dismissed - due to the tenants psychological / mental capacity and WASTING TIME / unprepared. The answer "pay this fee and fill in this form".
 
Outcome of yesterday's Magistrate court session

The tenants didn't attend, had an advocate apply to the court in writing on their behalf to advise :

"They can not attend as she has to work and due to harrassment, he is now suicidal".

:confused::eek::mad:

The Magistrate would not accept my Affidavit that states as I live remote, my property manager will speak on my behalf (as per our management authority). Also, as I'm the owner, I need to attend the trial in December in person, and wouldn't discuss the tenants breach against us separately to the tenant's application to get their bond back. They're two separate issues, although the water issue ties them together.

We appoint / authorise property managers to act on our behalf. Why bother if the authority means nothing in this case?! I had to complete a form today, which has all my personal information on it requesting I attend via video link, instead of in person, and the tenant gets a copy of it. I'm not impressed at all that they will know where I live. What if the house was in the name of our company and as Director's we lived overseas. Is the Management Authority worth the paper it's written on?

They have BOTH stated 1. she will slash her wrists and now 2. he is apparently suicidal you CAN NOT SERIOUSLY TELL ME THESE ARE NOT GROUNDS TO HAVE THE WHOLE CASE DISMISSED?!?!?!?!?

The tenants have been ordered to give me copies of the receipts for the items they're claiming by next Thursday. If I don't get them, I can then apply to have the case dismissed. So more time & more fees for the privilege.

This has not only affected me, my husband, my children not having our full attention on many occasions, our poor property managers, our parents, having to share it with you lot!, all contractors who've been abused, so called witnesses, removalists, court staff, consumer affairs, advocates, friends helping wth legal issues, prospective tenants being made to hang out (many who we lost due to inconvenience)......the list goes on.

I was in contact with the female tenants workers compensation insurance company today. Even he told me their case manager thinks she's "slippery" and they're arranging an investigator to get my statement & information that may assist them as they believe her claims are fraudulant relating to her workers comp. He's next. Our information will give strength to each other's case. I hope I won't need it, but I'm doing all I can to ensure they get nothing.

I couldn't update this thread yesterday after I heard the court results as you may've cancelled my membership. I even questioned the thoughts that were running through my head so I had to ring my Dad to calm me down. Terrible.
 
Kath, I know that it's seriously affecting you and having a huge negative impact, but try and remember that these people may well be mentally ill. If so, they can't help it that they're inflicting their drama on you. Bear in mind that they also may have a legitimate workers' compensation case on the basis of mental, rather than physical, illness. I'm horrified that their insurance company would reveal so much private information to you, actually. :eek: I admire you for reporting the facts, but I'm concerned that you sound "a bit too vengeful for your own emotional wellbeing". ;)

I hear you that it's frustrating, but try and just calmy and factually respond to their claims, and try and avoid becoming so emotionally invested in their "stuff"... or your risk ending up needing a psychiatrist yourself! ;)

I'm not trying to sound critical, because I feel great empathy, but I am concerned that they're dragging you further into their drama-laden world than is necessary for you to go. Good luck. :)
 
Kath,
I know exactly how you are feeling.
Over the last few months we had a similar situation.We lost the first round in the Tenacy Court.
We were too emotional to represent ourselves in the Small Claims Court.
There was too much at stake. If we had lost the smaller case, the second tenant was preparing to sue us for $18 K.
My brother and SIL assissted us in court. We had the decision the Director of the Tenancy Board overturned. This meant the second tenant wopuld have no grounds.:)

These Courts are not fair. They are biased in the favor of the tenant every chance they get.
If you lose...appeal it.

Everyone tells you to not take it personally. That's fine, until it is their money and property at stake.
 
ozperp - I really did cringe reading your post. Believe me, I know where you're coming from. I've had many horrible thoughts and guilt overtake me over the last year about these people, but we believe we are in the right. They are trying to get alot of money out of us for things that are grossly exagerated and unjustifiable. Funny things these forums - we don't even know each other yet I'd hate for you think badly of me!

I knew from the start of my thread that I may be frowned upon unfolding all of this information. That's the risk I took. It's an open forum. I'm very grateful, more than you may realise that I am receiving support & opinions which are honest and help me work it out in my own head space. Truly.

these people may well be mentally ill. If so, they can't help it that they're inflicting their drama on you
I've been through the guilts for months about this. I've learnt so much about mental problems, including the Asperger's Syndrome she claims to have since they've been our tenants. From all that we have experienced with them, we don't believe a word they say, and that is also why they're being investigated for fraud by their insurance company. I'm not the first person to be giving evidence against them. We're not the only ones who believe they are calculated, psychological lying frauds.

Bear in mind that they also may have a legitimate workers' compensation case on the basis of mental, rather than physical, illness
She never knew, but my husband's grandparents live where she was working as a carer. It's a small town. People actively sought us out as the owners of the house. We were informed to 'watch out' for her. If only we'd listened sooner. She's claiming for injuries that are the same as what they've suing us for for personal injuries (that's the pending case we're waiting on for $70,000). It's not for mental issues.

I'm horrified that their insurance company would reveal so much private information to you, actually
Trust me, I know what you mean. So much for the privacy act.

I admire you for reporting the facts, but I'm concerned that you sound "a bit too vengeful for your own emotional wellbeing".
My fear of sharing this information on this forum is being seen as vengeful. I wouldn't want them to be your tenant, so the only way they're going to be stopped is if I'm involved in stopping them. We're not the first people this has happened to with them. I'm just the first to not let it go any further.

Believe me, this forum has been the greatest outlet I've had in all of this. It's like what's in my head is coming out of my fingers and most of it is staying out. You've all given me other avenues, experiences and thoughts to replace all the crap with.

My home life is VERY normal, have a wonderful husband & fun loving kids. Our children have no idea what's going on. My husband generally stays out of it. It's when I'm sitting at the computer, replying to emails, making the phone calls, filling in forms that it floods my existance. I am VERY professional when dealing with our property managers, the court & when I was dealing with the tenant direct. Sometimes I have even wanted to be sick. I've been nice just to keep the peace & so I still look like the good guy, which I am. It's my husband who gets my swearing and whoever reads this thread that receives the whole throttle of what's inside!

Thanks for listening. I'm glad you're there.
 
Back
Top