As a Landlord of 45 years I just want to respond to Choice’s investigation titled ‘Rental Rights Report Card’. I do recognise the plight of a lot of tenants, high rents, lack of accommodation and, in some cases, bad landlords. I also had a 2 year try at Short Term Rentals (like AirBNB). I just wanted to talk about things from a Landlords perspective so everyone can see Both sides. Government Regulations mean that tenanted houses and units Must be kept to a high standard which can be costly for landlords. About 90% of landlords own ‘1’ tenanted property so a lot Aren’t Rich. Council, Water Rates and Body Corp. fees are High, for those who have to pay Land Tax it can be very expensive.
In my case my tenants turned into Squatters steadfastly Refusing to pay any Rent or Leave. The ONLY Recourse is QCAT, VCAT, (Courts), etc. They’re all Extremely Anti-Landlord, in my case the tenants were over 15 months Behind in their Rent and it wasn’t until I paid nearly $20 000- to lawyers that I Won my case. The previous “5 Hearings” they ruled against me because I represented myself. Tenants get FREE Legal Aid which is NOT available to landlords. Even when I Won the QCAT case the Police Refused to Evict them until I got a ‘Transcript’ of the Adjudicator’s (Judge), Decision. The Courts and the police are Next to each other QCAT wouldn’t pass it over or give me a transcript when I went to QCAT to get it, I told Sternly to do it on the QCAT website. It’s actually ‘IMPOSSIBLE’ for the average person to get a Transcript from QCAT. I had to hire a Computer technician to do the initial Application. Thankfully the squatters left believing that because I won the case the police were going to evict them short, something that was NEVER going to happen in Qld. Had they held their ground I would Never have been able to get them out. Other landlords have told me of similar stories. In one case they Won at QCAT but the tenant Appealled and Won the Appeal after the tenant was there for 2 years, the squatters are Still there. I was on A Current Affair out of desperation 3 times. Landlords are Selling Up their rental properties saying ‘It’s Not Worth it’. After 45 years of being a landlord I will Never rent my house out again until the Squatter Protection Laws are Removed, I’m selling my house . The governments around Australia have made it Not Viable to be a landlord. As it is if a tenant decides to not pay rent or Leave it’s IMPOSSIBLE to get them out, the police won’t.
The Squatter problem is Not just a Landlord problem, Everyone who owns a house could go away on a holiday and return to find Squatters in Their Home. They call the police who tell the home owners the Squatters are Allowed to stay the owners will have to find Other Accommodation, this HAS actually happened. Tenants could go away on holidays and have the Same Thing happen to them. Squatter Protection Laws are a Threat to All adults. I ask you to Campaign to the Premier, Attorney General, Housing Minister and your State MP to have these insane laws Repealled.
It doesn’t seem to be quite so simple for a squatter to take over a property and not be legally evictable. But it does sound like one would be well advised to have a solicitor on hand to help navigate the laws.
The Common Law provision and legal use of the term squatter has been rarely used. Likely due to the protections afforded to owners through the laws of Trespass or those relating to illegal gained entry to a secured property. I found good advice on both from the local Police Office. IE who ever is on your property will not be considered or protected if claiming they are a squatter.
For tenancy, the majority seem to understand. Although it can be more difficult. Especially when the owners agent makes an error and the Tenants are not moving out. The law does differ slightly between states/territories?
This is a relatively common matter that happens — it’s called holding over, when a tenant doesn’t leave on the date that they’re meant to
There was a lot of ‘taking possession’ in Stkilda (Vic) when ‘Gentrification’ was taking place and people would overstay or go in a property, change the lock and someone would always be home making it harder to take back control of the property by the rightful owner.
It is illegal to change the lock, remove their property, use force against them by the owner, criminal charges could apply. Not easy for the rightful owner as income/entry is denied during the long process of recovering possession.
As far as tenants overstaying the following might be interesting:
Thanks Gaby, while the recent one was in Queensland a couple of years ago I had squatters in my St. Albans, Melb. house. Different circumstances. A guy I knew needed to get away from his mothers house where he had been living. This was 11.30 pm., I feared he would squat at my house if I let him stay one night and that’s what happened, it took 2 1/2 years to get them out and only because he Assaulted me making my neck bleed. I still had to crawl over broken glass to get the Courts to Evict him. It was an absolute nightmare 2 1/2 years. This time QCAT have made it ‘IMPOSSIBLE’ for landlords to get a Transcript of the Decision because their Internet Application process is a Maze of Confusion no one can use. Then they sent me an email saying the Time to get the Transcript has Expired, ( a few days after they first said I had aceess to it which I didn’t). It’s a dogs breakfast, at least in my case the squatters left the house so there was a happy ending in Qld., it’s not like that for everyone.
Elinor next time you leave your home and go for a holiday just bare in mind that when you return you may find Squatters in your home. You ring the police, they tell you the squatters are Allowed to stay, YOU will have to find somewhere Else to live. Think this scenario can’t happen, it already Has. I could sell my home but the way these Laws are and QCAT and the legal system are the Problem. While the squatters were there I was Unable to sell MY Home because the squatters would still be there on Settlement Day and wouldn’t leave. The more landlords that sell up the Longer the rental queues are going to get and as you know they’re already a big problem.
Laywers cost me nearly $20 000-, not everyone can get hold of that kind of money. Other landlords have told me their lawyer fees were much higher than that, there’s NO Legal Aid for landlords. Even when we win at QCAT, a nearly Impossible task, the police Refuse to Evict them. In Reality there’s No Way to evict squatters in Aust. except S.A., and Qld. seems to be the Worst.
It might be Interesting but Consumer Affairs are No Help, I’m talking from First Hand experience. I had to wait to be Bashed by my squatter with blood streaming down my neck before I could get the police to remove him, even then I had to crawl over broken glass in the police/ legal system to get him out.
The current Laws in Australia Don’t let landlords evict squatters even if they’re Criminals. The police Won’t Evict squatters even when a landlord Wins in QCAT. It’s almost IMPOSSIBLE for a landlord to Win in QCAT even with a Real Estate Agent, QCAT are Extreeemely Bias against landlords. S.A. is the exception. Some people have No Conscience or Morals so when you have a legal system that is Squatter Friendly it’s Extremely Hard to win.
It would be useful to see further details of what has transpired. Noting previous reference to Queensland and QCAT. It appears to be a relatively direct pathway, assuming the Manger/Owner has issued a legally correct (according to the rental tenancy legislation of the state) “Notice to Leave”. There is no requirement under normal circumstances to refer the matter to a higher court. To note that a tenant who has not left the property when required to do so is not referred to as a squatter. The RTA Qld notes it is a different matter if one suspects their property is being illegally occupied by other than a tenant. A tenant who has overstayed according to the RTA.qld advice is still considered a tenant for legislative action.
Are you familiar with the two juvies up for possible murder in Vic who refuse to get on the bus to go to court? Laws mostly apply to those who obey them willingly.
Unfortunately, lack of housing availability is not as easily solved as investors selling up.
There are other factors to the problem: failure to build enough homes to match the growing population, labour shortage, high material costs, limited land availability..
Roughly 20% of dwellings are held by property investors and we all know how tight the rental market is. Even 1st home buyers, while they try to get the deposit together and satisfy the many requirements for a loan application, need a place to stay.
The majority of tenants are rules-abiding people, but of course it’s when things go wrong that the application of the law is necessary.
Yes, sometimes rules and applications don’t match, for whatever reason, as we are seeing in Vic with ‘juveniles’ carrying on aggravated home invasions, car stealing while the police are present at the scene, chopping off children’s hands with machetes, but being considered too young to go to prison. But they can go to an overseas trip with parents. But that’s another story..
mark_m, There’s My Experience but I’ve talked to many other Squatter Victims and I’m sorry to put it this way but all that you’ve shown me about The Tenancy Laws is Pure ‘FANTASYLAND’ when you’re a landlord. I Won at QCAT after my “6th Hearing” only because I paid a lawyer nearly $20 000- and Maybe because I had been on A Current Affair and an ACA reporter was in the gallery at the time. The Decision went to Police Station but they Weren’t going to do Anything until I went there to Try and get the squatters Evicted. The police Refused to Evict them until I gave them a ‘Transcript of the Decision’. In Brief it’s in Reality “IMPOSSIBLE” to get a Transcript from QCAT and even though there’s a Court Clerk in the Court typing it out AND a Recording of the Hearing QCAT Refuse to give you a copy of the Transcript, a 5 minute job I would think, when I went to QCAT, (which is right Next To the police station). It Should be a “SIMPLE PROCESS” for QCAT to pass over the Transcript to the police but Oh NO they have to create a Bureacratic Nightmare for landlords to climb over for NO Good Reason. I was told Sternly by a QCAT Manager to apply for the transcript on the QCAT Website which, of course, needs to be matched to your MyID acc. Of course the process ‘Doesn’t Work’, I did the Application after paying a Computer tech $80-, they told me about 6 weeks later my transcript was ready, the so called Instructions were a Dogs Breakfast I couldn’t penetrate. I was ‘NEVER Able to get that transcript’ and would have had to pay a Computer tech Again if I was determined enough to get it. As Luck happened the Squatters Left of their own accord because without the Transcript the police would have Refused to evict them, so all those Rules and Laws you’ve just shown Don’t Work in the REAL WORLD in Qld. I was given from the 13th. to the 27th. of Aug. by the Adjudicator to get the squatters out and the Transcript, IF I ever really did receive it, wasn’t ready until well into September. I would then have had to Start the whole process Over Again including expenses. I’m in contact with a squatter victim currently who Won at QCAT but Still can’t get them out. Tobe fair Most tenants and landlords try to do the Right Thing but the Law doesn’t help with the Others.
PhilT if there is Another step in the process between QCAT and the police it was never explained to me by either QCAT, my lawyer or the police, I have no knowledge of obtaining a Writ, etc. I was told by the police and QCAT to get the Transcript, (which is IMPOSSIBLE to get) and take it to the police. The police and QCAT and other Courts are Next to each other but because of Bureaucracy they Can’t do that ‘Simple Task’.
I have had a few rental properties (not at the same time). I think the renters’ rights have gone too far. You will probably see that not many people want to be landlords any more. I will give you that some renters try to do the right thing, but not many. I was asked once to renew the bathtub. I went to have a look at it, and it was covered in verdi-grease. It just needed to be cleaned. People who have be allowed to have dogs inside, they might look after the flooring, if they own the house, but if they don’t they don‘t care what happens to it. We have even had to wash down walls with dog hair all over them. Fridge, all flooring and walls had to be replaced, and repainted. One renter refused to pay the rent and we were out $1000’s of dollars. There already may be one. But bad renters need to be reported and each case needs to be able to be decided on their attitude. BUT NO DOGS ALLOWED IN THE HOUSE. A LOT OF PEOPLE DON’T EVEN KNOW HOW TO CLEAN A FRIDGE AND IT SEEMS THEY DON’T KNOW HOW OR DON’T WANT TO KNOW HOW TO VACUUM OR KEEP A HOUSE CLEAN
PhilT, these Squatter Protection Laws are a Threat to ALL Australians except South Australians not just landlords. The g’vt.s are Openly Hostile to landlords, you just Can’t Beat a tenant in QCAT, the police Refuse to Evict bad tenants even if they’re doing Criminal Activity in the house. It’s not just landlords these laws are a problem to, if you’re an owner/ occupier or a tenant and go away from your home for a few weeks you may come back and find squatters in your house. The police arrive and tell the owners they’re Not Allowed in their own Home and have to find Somewhere else to live. I haven’t heard of it happening in Oz ‘YET’ but it Did happen to a couple in America, how long before it happens Here ? After 45 years of being a landlord I won’t do it again until the Squatter Laws are Removed, more than that I have several multimillionaire landlord friends, ALL of them are progressively divesting themselves of their rental properties because the legal system and g’vt.s are so Hostile to landlords.
