Scamming Nurse Tenant

You couldn’t be more right Perp. You couldn’t be more right. And thank you for a very well thought response and advice to my post.

None of these speculations will be brought to court tomorrow. We will make it simple and straight to the point. All we truly ever want is possession order and be awarded for the full bond on the basis of rent arrears, damages and cleaning so we can start the clean up, fixing, and bring the house back to how it once was (this was our 1st house where we lived for a good # of years so excuse our strong emotional attachment). If we can claim from insurance, well and good, we can only hope for a better outcome. As for chasing her for the arrears, we will leave that to a debt collecting agency as in all honesty we just want to move on from this and would rather get a 70% cut from what they can collect rather than dealing with it ourselves.

I have read from other landlords posts with far more horrible experiences and much worse things happening around the world that makes me realize that all these things are just material things that can always be fixed and replaced. Glad that we’re not the ones who have to move houses one after the other in order to live like she does. So count our blessings, at least we can sleep better at night. Best to learn and just forget.

 

Really sorry to hear of your situation @wrinxtin. Easy to say "live and learn" but doesn't make it any easier to go through.

I just highlighted the above as whilst I know it doesn't help now, that would be a red flag that would require some additional investigation at the application stage. Most people I have found want to trust people and take them on face value, but you have to have a very healthy level of scepticism in PM land.

- Luke

 

I think @wrinxtin didn't know that the previous landlord was the tenant's mother (he's only come to that conclusion recently, after everything's gone wrong), and the tenant didn't reveal it - that's what @wrinxtin is suggesting was 'fraud'.

 

POSSESSION ORDER GRANTED TODAY. What a big relief! Now on to warrant of possession.

As ironic as they may seem, this is such a good learning experience for us. Like getting a LL barrister course for the price we’re paying. VCAT indeed is fair and just.

 

sorry to dampen the mood, but the battle is far from over !

now you got to get her out with minimal fuss or damage

my last messy eviction, I got reported to the police for stealing the tenants car they had left there

 

I'm not exactly sure what you think you're learning, but make sure its the right lessons.

 

That’s why we are not touching the property until we get warrant of possession TMNT. But u are right, this saga continues. We remained patient this long, if we have to wait another week or two to get police involve then wait is what we again do. It’s a patience test, I’m never known for controlling my patience but this by far has tested my resilience.

 

Once all this is finished, you should make a complaint to AHPRA. This nurse may have breached her nurses's duty to be honest in her personal life. Do you really want someone like this working as a nurse, with very vulnerable people?

 

Sounds like a waste of time for you and AHPRA. Nurses don't have any such duty or professional obligation.

 

She works 2 jobs - nurse and age care. I cannot imagine what she does to the elderly and yes how much more at the hospital. Terrifying isn’t it? And she works at one of the biggest hospitals in Australia!

Her teenage daughters were laughing when they move out on the 15th, to grow up with a mother modelling like this and make them think ITS OK. Her mother attended the first hearing and was talking so much she was shut by the judge being non party. As the idiom goes the apple doesn’t fall far from the tree.

 

"Nurses don't have any such duty or professional obligation"

Yes they absolutely do.

 

So im assuming no one turned up for the latest hearing?

 

Her profession has nothing really to do about the issues you’re complaining about, you didn’t use it the whirlpool post, so why here.

 

I've read the code of conduct for nurses on the AHPRA website, and I couldn't find anything in their code of conduct that seems remotely relevant. Which item number do you believe is relevant?
Nursing and Midwifery Board of Australia - Professional standards

 

#1 Last statement?
“The nurse demonstrates professional values such as respectfulness, responsiveness, compassion, trustworthiness and integrity.”

Her integrity, if she’s got any, is very questionable where she goes around deceiving people to get into rental property and refuses to pay rent. 3 months unpaid rent, that’s clearly deliberate.


Look noone’s reporting to AHPRA, but for discussion purposes, i think that’s the one most relevant.

 

“The nurse maintains a standard of personal health such that the ability to provide care is not compromised.”
- If health and living in a sanitary environment goes hand in hand together, seeing what pigsty lifestyle she’s living, you would wonder how she ensures everything is sanitized and up to standards whatever she touches/do at the hospital. Our pergola alone is full of cigarette butts all over the ground and she claims she doesn’t smoke like wtf, perhaps it’s Casper.

“The nurse takes appropriate action to safeguard individuals, families and communities when their health is endangered by a co-worker or any other person.”
- What about if you are the ultimate cause of someone’s high blood, stress and anxiety.. does it count?

“The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance its image and public confidence.”
- Need i say more?

Im not disregarding the fact that she’s also human yeah, again these are for discussion purposes regarding their code of ethics.

 

I know you're not making a complaint, @wrinxtin, but hopefully this will be useful education, as I've only learned this in recent years since studying law.

Part of a lawyer's training, the first question you ask is jurisdiction / scope - is this a matter that falls within the scope of this legislation/document? Because if it's an ACT law and you're in Victoria, or if it's a law that only applies to nurses and you're a podiatrist, there's no point reading the specifics. For a piece of legislation, there's usually a few sections very early on that will tell you who a law applies to and in what circumstances. eg in QLD, see those very sections of the Residential Tenancies and Rooming Accommodation Act 2008. Those three sections tell you who is subject to this law (s 3), what remedies are available to people (s 4), and how the Act achieves those purposes (s 5). This might seem like 'administrative gumpf' but I can assure you that any lawyer, if they're not yet familiar with an Act, reads these first.

So back to the nursing code of conduct: reading the analogues on page 4 reveals that it only applies to nurses' behaviour as it applies to their professional practice, not their private lives to the extent being suggested. It says (parts redacted indicated by triple dots, my bolding):

"The Code of conduct for nurses sets out the legal requirements, professional behaviour and conduct expectations for all nurses, in all practice settings, in Australia. It describes the principles of professional behaviour that guide safe practice ... the code outlines specific standards which all nurses are expected to adopt in their practice. ... Underpinning the code is the expectation that nurses will exercise their professional judgement to deliver the best possible outcomes in practice.

This code applies to all nurses

The principles of the code apply to all types of nursing practice in all contexts. This includes any work where a nurse uses nursing skills and knowledge, whether paid or unpaid, clinical or non-clinical. ... The code also applies to all settings where a nurse may engage in these activities, including face-to-face, publications, or via online or electronic means.'

It's pretty clear from reading this that they are only interested in a nurse's conduct as it pertains to their practice as a nurse, or private conduct that directly reflects on the same.

Being late on rent may be due to financial distress that you don't know about. There is no evidence that she lied or even misrepresented anything - you may simply have failed to ask the right questions in your due diligence. (Not to be harsh - you may have trusted her to be more forthcoming - but not being as forthcoming as you would have liked is not the same as misrepresenting, because she didn't tell you something you'd like to have known.)

Not emptying your ashtray as often as you think she should is petty. The code of conduct means that you shouldn't, for example, expose yourself to pathogens. Exposing yourself to cigarette butts is just gross, but doesn't endanger others.

She is not responsible for how you react to these circumstances and how it affects your blood pressure, and further, you're not her patient.

 

Pretty much. I've dealt with the AHPRA legal and reporting team before.

In terms of personal misconduct, they care about things such as the practitioner being convicted for meth dealing, not that they owe money on a personal civil dispute.

Alleged to owe money at this stage too, since there isn't any judgement debt order made yet.

 

A lawyer friend of mine used to work for AHPRA; I suspect it's deliberate that they reduced the scope of the code of conduct. It's a waste of their resources investigating every person's interpersonal grievances with a nurse. eg 'she said something nasty to me on facebook', 'he slept with my wife', etc.