Local landlord owed over $20,000 in rental arrears, repairs

A Canberra landlord claims they’ve been left with more than $20,000 in accrued rental arrears and over $8,000 worth of damage to their rental property, saying their former tenants “lived like animals”.

“It was a nightmare. They stole the fridge, lawnmower, bathroom fixtures, kitchen appliances, and burnt out the oven trays and shelves,” the landlord said.

“The [ACT Civil & Administrative] Tribunal (ACAT) let the tenants stay put at the property after I requested evictions in April 2019, November 2020, and February 2021, due to the tenants defaulting on their rental payments.

“The ‘lame duck’ style Tribunal is closing their eyes and is aiding and abetting to destroy the rental market,” they said.

The state of the property after the tenants were evicted in February 2022 was “so dirty and disgusting” that the bond cleaners were unable to complete their job.

“I had to apply new paint, the ceiling was marked with drink splashes, I had to remove the carpets, replace the bathroom tiles because the dirt and grime was parched onto them, and there was black mould and cat waste over the carpets, inside the cupboards, and in every nook and corner of the garden,” the landlord said.

“The garden was completely neglected, and the Tribunal has asked the tenants to clear it, which they have not done. I didn’t want walk into the property from its extremely bad condition – there were cigarette butts all over the house, and the smell was unbearable.”

In March this year, ACAT ordered the tenants to pay the landlord $20,222.15 in rental arrears, $3,100 for the bond, and $1,350 in cleaning costs.

The landlord claims the combined income of the five-person household was over $15,000 per month, and they “do not care or give a hoot about the Tribunal orders”.

The landlord said the tenants “haven’t paid a single cent” and is arranging to sue them in the ACT Magistrates Court in the hope of receiving the money owed.

The landlord alleged the tenants signed the lease agreements by providing false statements, which the real estate agent neglected to report.

“I think it’s a joke that the ACT Government and civil law team are going to look at the problems facing the Canberra rental market without looking at the real issues behind the freefall. The Tribunal didn’t believe me, they believed the tenants’ lies, and the Tenants Union don’t care about landlords,” they said.

“The real estate agents who managed the property from the beginning didn’t complete a final inspection. Ultimately, the tenants vanished after stealing many items. I mainly blame the Tribunal as they ignored my many requests to get rid of these generational rorters.

“I want to emphasise to the ACT Government that this issue is a collective responsibility involving the Crimes Act, the Tribunal, ACT Police, and other stakeholders, which will need to be addressed if they really want to improve the standards in the ACT rental market.”

The landlord was hoping that by sharing their story, the “so-called sympathisers” would see the hardships that some landlords go through to provide properties for tenants.

“It has to be clearly said that not all the tenants are in the same category, but these so-called renters who are rorting the system and not abiding by any law know exactly how to abuse the loopholes,” the landlord said.

“There are clear signs that the ACT Government’s so-called sympathetic tenants policy [the plan to remove no cause eviction notices] will completely destroy the rental market and the Labor-Greens Government can take the credit for its destruction.”

Canberra Daily sought comment from Attorney-General Shane Rattenbury, who said he sympathised with the landlord, however “it’s important to consider the experience of renters as well”.

“The ACT Government has proposed four reforms, including ending no-cause evictions, to create a fairer, safer rental system for all Canberrans. These reforms consider the rights and responsibilities of both landlords and tenants. Under the reforms, landlords will still be able to evict tenants for specific, reasonable causes; but will not be able to simply evict tenants with no cause,” Mr Rattenbury said.

“Unfortunately, in the many rental agreements across Canberra there are sometimes situations tenants or landlords do not follow the rules. In the specific circumstances this landlord refers to, or other situations where tenancy laws are broken, there are existing options for legal recourse, including the bond payment system. The government’s proposed reforms do not change this situation.

“During our community consultation last year, there were mixed views from tenants, landlords and real estate agents on the removal of no cause evictions. However, the majority of respondents supported the change. The government will also consider clarifying existing or new grounds of termination to support landlords to manage their properties.

“The ACT Government has committed to end no cause evictions in the Parliamentary and Governing Agreement, but this consultation provided useful feedback on the situations that new tenancy termination clauses or provisions should cover and what notice periods should apply.”