A tenant had been burgled four times over two years and whilst the owner had installed some security after the second burglary the locks were still insufficient. When the owner refused to secure the premises and the tenant could no longer get insurance, the tenant moved out. The tenant was assisted by Ann Marie Paulsen from Fremantle Community Legal Advocacy Centre and was successful in claiming $4000 in compensation from the Owner in the Small Disputes Division. For further information about this case and legal points of relevance contact Joanne at TAS.
Homeswest were attempting to terminate the tenancy of a woman based on s73 of the RTA which concerns the tenant threatening to cause or causing serious damage to the premises. TAS represented the tenant in court and after a number of arguments put forth by both parties Homeswest were not successful and the tenant remains in her home. Call Joanne for further details.
Geraldton Resource Centre Worker Dianne Gra recently had a successful case in the Small Disputes Division in Geraldton. The condition of the premises was so poor due to lack of maintenance and repairs by Homeswest that the Local Council had put a work Order on the premises instructing Homeswest that if work was not carried out within a specified time the house would be condemned. In court Homeswest tried to argue that the condition was not uninhabitable until after the Local Council time limit — the Magistrate was not convinced. Instead the Magistrate ordered that Homeswest carry out the work and that there be no rent payable until the work had been completed.
Summer holidays are coming and it is this time of the year that Caravan Park residents can be pressured to move out so that park owners can make vans and sites available to holiday-makers at a higher rate. Caravan Park residents are protected by the same sections of the RTA as other tenants, including those related to the termination of tenancy agreements. They must be served prescribed forms correctly and they have security of tenure, which means they cannot be evicted without court order.
Most tenancy agreements make the tenant responsible for eradication of pests. However, if the problem is present at the commencement of the tenancy the owner may be held responsible under section 42 of the RTA, and it will be important to notify the Owner of the problem in writing. If a problem occurs during the tenancy, many tenants are surprised to learn they face considerable expense to deal with cockroach or spider infestations themselves.
Police Standing Orders forbid Police Officers from assisting owners to evict tenants, unless there is a Court Order in place. Not all Police Officers are aware of this and there have been several recent reports of police attending premises "to keep the peace" while owners illegally take possession of premises. If a tenant is expecting trouble from the owner, they should ring their local police station in advance to alert them to the potential problem and draw their attention the standing orders and to s80 of the RTA, which provides a penalty of $4,000 for illegal evictions.