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I'm in shock at this tenant's antics

Discussion in 'Property Management' started by PrG, 9th Jul, 2015.

  1. PrG

    PrG Active Member

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    Hi everyone,
    I'm going to tell this story and I'm hoping-with all the experience out there-someone has some advice that I haven't thought of.

    My re agent served on a tenant a notice to vacate after the tenant was late (about the fourth time). ACAT hearing was today. This morning the tenant counterclaimed & sent a long letter to ACAT (and copied in my re agent) about wanting compensation for water damage to some of her clothes after a leak in the bathroom, which was in part caused by her not using a shower curtain and the water flooding the floor, and which was attended to immediately.

    When a tradesman was sent to retile the bathroom floor, this tenant walked around with only her knickers on in front of him. He refused to go back. (I don't blame him). Then the body corporate manager rang me saying that he couldn't send any more tradesmen there as she had opened the door to the roofing man with only a see-through negligee with nothing on underneath.

    In her counterclaim she is saying that these men made sexual advances towards her and sexually harassed her. I am livid. She could ruin someone's life like this. I am getting stat decs from all the tradesmen who attended as well as the body corp manager.

    She is also claiming that the real estate agent made sexual advances towards her. This man is one of the most professional, ethical and lovely people I know. He runs the business with his wife, who is my re manager and had to sit in the tribunal while this tenant witch made these allegations.

    A few weeks ago the police were once called to the units for another matter. My friend (head of the executive committee) mentioned my tenant's name to the police, and they said that they knew her as a prostitute. I cannot find any record on google of her name. Is there anywhere I can look up to find her selling 'services'? Someone I know also told me that the police know her as an ice user.

    This tenant also sublets her car space, without any permission. She also does a lot of other things, which I won't go into here.

    Is there any way I can get on record what the police have said about her? I am naïve and pretty gullible when it comes to these matters, so any help would be appreciated. thanks.
     
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  2. thatbum

    thatbum Well-Known Member

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    You have plenty of evidence it seems - you wouldn't necessarily need anything from the police.

    You would probably benefit from some legal advice to be honest.
     
  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    Interesting post, thanks for sharing.

    Best bet is to have a date/time record of ALL contact, details of whether they were written, phone or in person, and what the details were. Eg complaints that were handled, warnings that were given, issues that were raised, etc etc. Present all of this and it's likely it'll go in your favour versus someone who isn't prepared.
     
  4. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Prg.
    Sorry to hear about your tenant, Could I suggest you ask your exec com. friend to tell you the name of the Police man or lady ? Find out which station they are based at, ring them or speak with them in person? Tell them why you want the information and what has been happening. Find out, because if she is of 'ill repute' you should be able to get her out on that ground as well. Take the date, time name and rank of the Copper, and write it down as evidence for the tribunal,
    I recall being taken to a house with my boss when I was about 19, to find a woman wearing a smile and a dressing gown.. I found out later he took me there 'for protection' Sounds like she will try anything, arm yourself with as much 'ammo' as you can!
    I hope this helps
     
  5. thatbum

    thatbum Well-Known Member

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    Why? This information seems completely irrelevant to the matter.
     
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  6. datto

    datto Well-Known Member

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    Hmmmmmmm.......
     
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  7. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Because if she is working from home... it becomes commercial.. thats why. ! I'm not a solicitor though..
     
  8. PrG

    PrG Active Member

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    Thanks DT. ThatBum has a point: I don't think working as a prostitute is illegal. SeafordSunshine, thanks. If, as the police say, she uses ice, that too I think is legal. If that info were presented at ACAT, would it be likely to work in my favour, or would it be seen as vindictive on my part?
     
  9. thatbum

    thatbum Well-Known Member

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    There seems to be already clear grounds for termination - rent arrears. Much easier to prove at tribunal. The only other legal issue seems to be defending against a crappy claim for compensation - which again there seems to be enough evidence to defend against.

    I doubt stat decs would be allowed at a hearing though. Witnesses will probably need to attend in person.
     
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  10. thatbum

    thatbum Well-Known Member

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    Don't waste your time on that. Focus on the relevant issues. You will have enough trouble with the relevant stuff, let alone trying to bring in other irrelevant material.
     
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  11. jrc

    jrc Well-Known Member

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    But she is alleged to be soliciting
     
  12. D.T.

    D.T. Adelaide Property Manager Business Member

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    Isn't that what solicitors do? :p
     
  13. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    In between hair cuts and singing lessons
     
  14. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    Ill repute? Its not illegal to work as a prostitute last time i looked.

    Im sure theres even some posters on here who moonlight :D

    As for making allegations she is a prostitute and an ice user you are stepping into defamation territory.

    Even if she was a prostitute and you mentioned this it could be classified as discrimination.
    The things you mention have nothing to do with the facts of the case.

    A Policeman told your friend she was a prostitute is "hearsay"
    For a start that police officer shouldnt of mentioned her occupation to your friend who with respect maybe lying to you.
    Be careful getting yourself into deep water slandering someones character because of their chosen occupation.
    I would really like to see a Police Officer admit that he told your friend that the lady was a prostitute.
    I come from Sydneys Darlinghurst where guys and girls stand legally on the steets to sell sex for money then go to their day jobs tommorrow.
     
    Last edited: 9th Jul, 2015
  15. SeafordSunshine

    SeafordSunshine Well-Known Member

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    One way or the other , I wish you well and hope it is quickly resolved!
    Cheers
     
  16. Perp

    Perp Well-Known Member

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    Focusing on your moral outrage and her alleged sexual and drug-taking activities won't stand you in good stead; it'll look like this is a moral crusade or emotionally-charged personality clash rather than a straightforward tenancy matter.

    As thatbum said, focus on eviction on the basis of rent arrears, and defend the claim for compensation. Everything else is irrelevant.
     
  17. Harro

    Harro Well-Known Member

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    She can't be too good at her chosen "Profession" if she can't pay the rent!
     
  18. PrG

    PrG Active Member

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    But, Perp, doesn't the fact that she is a prostitute and an ice user speak to her credibility, which I would like to call into question. Is she allowed to make outrageous claims of sexual impropriety without the questioning of her character?
     
  19. Perp

    Perp Well-Known Member

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    Her claims of sexual impropriety are also irrelevant and will get short shrift.

    It's a tenancy dispute, not trial of the century. If she wants to pursue the impropriety angle, there are other avenues than a tenancy tribunal.
     
  20. Biz

    Biz Well-Known Member

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    Angry landlord, tradie, real estate agent, scantly clad tenant...Could make for a good blue movie. :eek: