A bungalow from hell

Consumer Affairs Victoria referred Mary (77) to Home at Last as she was having trouble with her current tenancy and would also need to assistance to find more suitable housing.

Mary was living in a bungalow at the rear of her Landlords house in Kinglake. The property was in disrepair, and after Mary had made repeated requests for things such as mould to be addressed, she came home to find a note pinned to her door asking her to leave within 14 days.  

There were no real estate agent managing the property, which Mary found via a private ad, and the arrangements for rent and bond were unclear. Although Mary had paid bond she didn’t believe it had been lodged, and lately when Mary had tried to pay her rent the Landlord had refused it, in order for him to have justification for issuing her a Notice to Vacate for rent arrears. This notice was not issued correctly, and so was not valid under the Residential Tenancies Act (RTA). When challenged by HAL tenancy worker Shane, the landlord tried to state that the property was not a rental, but a bed and breakfast and that he was therefore not bound to the RTA, despite his written confirmation that Mary paid rent and bond, and that he had never supplied breakfast.

This private arrangement also meant that Mary had to raise any tenancy issues with the Landlord directly. This was problematic because most of the issues Mary had were with said Landlord who on several occasions let himself into her property and even once, into her bedroom to measure up curtains, whilst she was asleep.  Mary became fearful of any contact with the Landlord so Shane represented Mary at the Victorian Civil and Administrative Tribunal (VCAT) to request a restraining order which was granted. The landlord also finally collected the rental cheques that were waiting for him.

After the restraining order was granted the Landlord had his son ride his dirt bike around Mary’s unit for hours and on other occasions played loud music. Shane advocated for Mary, reminding the Landloard that he was obliged under the RTA to provide Mary with ‘quiet enjoyment’ of the property and if he did not she would be able to claim compensation.

Whilst Shane was assisting Mary through her trouble with the landlord, our housing support service helped Mary make applications for alternative housing. Being 77 with some health issues, Mary did not want to move into an intermediary option and wanted to wait for a permanent, safe home. She had moved into this property after the living arrangement with her son’s family had fallen apart, so she was unable to live with them. She wanted this move to be her last. As Mary was on the Aged pension she could not afford anything more than $200 per week. Her budget constraints are what led her to seek out this ‘cheap’ property, which was still causing her financial hardship, but also making her feel unsafe, unwelcome and insecure.  It was not ideal for an older person and Mary had fallen several times on the rickety stairs and deck.

Mary was helped to identify areas that were going to be viable long-term housing solutions and an application was made for Public Housing in these areas.
Four months after Mary came to HAL, she was offered a property in Whittlesea. Shane and Tegan continued to assist Mary whilst she awaited her relocation and referred her to a women’s support service to help her work through her anxiety from her terrible rental experience.  

Her new housing costs her only $110per week. No one is letting themselves through her home when she is not there, or when she is asleep. She has quiet enjoyment of her home and does not fear going outside and running into the landlord.  The property is well maintained and her rent is deducted from her pension fortnightly. She is living in an area close to family, but not in their personal space, allowing their relationship to remain harmonious and mutually supportive. Mary may live in the property, safely, peacefully, for the rest of her life.