Intentional dishonesty by Budgewoi estate agent?

On the 21/8/2012 a letter arrived in the inbox of handicapped Weblight Studio proprietor. That letter was from a property manager of Ray White Budgewoi.

RE: Proposed listing on Tenancy Database.

In accordance with national privacy principles and any relevant state Residential Tenancy Act we advise the following (this is something they were too lazy to look up if there are any such principles that apply anyway) In accordance with state legislation that may be applicable  (really? A property manager wrote this. They couldn’t be bothered looking up Google?) you are entitled to know what information will be reported to TICA and as a members of TICA we are required to advise you of what personal details  will be reported on its database.

The following personal details will be reported to TICA.
Given Names:
Date of Birth

Your details will be reported due to Tribunal Order Section 92.

Now that is important. Let me explain what section 92 is.

Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment – section 92

This ground is specifically directed at conduct by tenants or occupants towards landlords, their agents and their employees and contractors. It is similar to the provisions in the RTA 1987 which applied to social housing and extends the scope of the old s68 RTA 1987 which was limited to serious damage or injury.

  • The conduct required is that the tenant or occupant must have “seriously or persistently threatened or abused” or “caused or permitted any such, threats, abuse or conduct”; or
  • that they “intentionally engaged, or intentionally caused or permitted another person to engage, in conduct in relation to any such person that would be reasonably likely to cause the person to be intimidated or harassed”.
  • Termination can be immediate
  • No termination notice is required
  • Termination can be during the fixed term

It is important because no order was made by the Tribunal under Section 92 in a case I was involved in. No order against me was made at all. As estate agents who deal in this sort of thing all the time the Ray White Budgewoi staff and executive are aware of what Section 92 contains. They were aware that what came out of the Tribunal Hearing was an agreement between parties that was recorded by the Tenancy Tribunal for a no-win no-lose outcome. A good-will agreement (excuse me for laughing!) I agreed to pay rent until I left and to leave by a certain date. They agreed to leave me alone. They breached that clause in a few days by sending their contractors onto the property in an act of illegal trespass!

Ray White Budgewoi attempted in Tribunal to have Weblight Studio seen as some sort aggressor but the Tribunal wasn’t fooled and after an initial failure two more attempts were dropped when they realised there would be a defence. Their evidence didn’t stand up to being challenged.

Making a TICA registration under Section 92 is extremely dishonest.

A complaint to Fair Trading and TICA would seem appropriate. The email continues.

Listing Member: RAY WHITE Budgewoi

Phone Number: 0243909800
Should you wish to discuss the ramifications of a listing on TICA you can contact TICA Public Enquiries on 1902220346 Call charges at $5:45 per minute (just like a online sex call) plus GST
Yours Truly
Craig Favelle
Property Manager

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