QLD Property Investment Trashed by Tenants - Ramifications of Revenge?

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Sarah Smith

Active Member
25 May 2016
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Hello,

My property investment has just been abandoned and totally trashed by tenants - the piles of rubbish and filth are huge, along with every item they have ever hoarded and didn’t want to move. Plus they owe me a small fortune in rent arrears.

I do not have the physical or financial capability to move all of their stuff, but until it’s cleaned up, I can’t re-rent it.

I did get a small glimmer of hope when I saw this article about a landlord who had the same problem.

Landlord gets revenge on tenants by dumping their junk outside their new home

What ramifications would there be to dump all of their rubbish and leftover property at their new house?

I have found out they have moved 5 mins down the road and signed a new lease with someone else.

Yes, I will peruse the money for rent through QCAT channels, but only asking here about returning their goods to them via tip truck.

Cheers.
 

Reag

Well-Known Member
5 April 2018
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3
124
With all the politicians owning multiple investment properties, I'm surprised there are no better laws to protect landlords from filthy tenants.
 

Rod

Lawyer
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27 May 2014
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Hmm, tough one.

It depends on whether their rubbish is a health or safety hazard. If there is a hazard you run the risk of being sued for causing injury to someone.

You can be seen to have returned property belonging to someone else so unlikely to be trespassing when you return it.

But, are you in physical danger if the renters retaliate against you?

In situations like this it is not just your legal rights to consider, but also your physical safety. I can offer no guidance on this aspect.
 

Scruff

Well-Known Member
25 July 2018
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NSW
Another point is that you can't just dump it either. If you leave it outside the property you get done for littering - and the fine would be sizable if you do what that French guy did. On the other hand, if you "dump" it inside the property, they will claim you damaged everything just to spite you, even though it may all look like rubbish anyway.

You need to be careful with how you approach this one.

One approach would be to watch them, get used to their routine if any, and carefully pile it all up at the front door when they're out. Not advice, but just saying... ;)
 

Tim W

Lawyer
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28 April 2014
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I do not have the physical or financial capability to move all of their stuff...
Let's assume for a minute that, given the above statement,
you can afford a truck, and somebody to load it,
and that you can actually find somebody willing to do it.

First, understand that your ex-tenants don't have any general duty
to accept back the stuff they have abandoned.

Second, any "removalists" you engage don't have a general right to just
enter the ex-tenants' new land and... deliver it.
Once they knock on the door to state their business,
they have to leave when told to.
If they don't, then than that can become a civil trespass, at the very least.
You would expect to be be personally liable for that trespass,
because those removalists are your servants/ agent(s).

And they can't dump the stuff on the street outside, any more than you can.
 

Sarah Smith

Active Member
25 May 2016
7
0
31
Well thanks for the the thoughts everyone. It is a tricky one.

To answer some of your comments and also update you on what’s happened....

A Neighbour a few doors down has a small/medium tip truck and bobcat, he has offered to assist. Thats a nice thing to do.

It is a rural property so it can be dumped straight over the front fence and would not be on public land so should not be a littering issue. He could back up and tip it onto their land no problem. This also means no need to trespass.

I live at the other end of the state so my safety is likely to be ok.

Scruff you are funny and clever too.

So more of an update now - I have the property legally back in my possession and have filed a complaint with police who are attending early next week to assess the actual wilful damage. I will be travelling up on a bus to the property to meet them and fully assess the damage. (Only saw some of the damage when Neighbour took photos after I got possession).

My neighbour called me on the weekend - the tenants actually returned to property on the weekend, cut the new lock on the gate, went in and helped themselves to some of their things then caused another round of new damage. I called police for trespass and they attended 5 hrs later (after tenants have cleared off). They spoke to tenants at home and told them not to go back again or trespass charges will be laid.

So until early next week I won’t know the full extent of what’s been done inside and out, but based on a few pics it’s not going to be very nice.
 

Scruff

Well-Known Member
25 July 2018
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133
2,389
NSW
My neighbour called me on the weekend - the tenants actually returned to property on the weekend, cut the new lock on the gate, went in and helped themselves to some of their things then caused another round of new damage. I called police for trespass and they attended 5 hrs later (after tenants have cleared off). They spoke to tenants at home and told them not to go back again or trespass charges will be laid.
I'd be demanding to know why they weren't charged for the first "forced" entry. Why are the Police waiting for it to happen again before acting?

That's pretty poor form for the Police.
 

Sarah Smith

Active Member
25 May 2016
7
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31
Yes Scruff I was very disappointed- the officer who called me explained that there was no way to prove the tenant knew he was trespassing. (Despite them having abandoned the place !) There was even an abandonment termination notice on the gate (tenant apparently claimed it wasn’t there when they asked him about it). Have photos showing it stuck on gate in plastic bag of course to prove my end. The police said having a photo of the notice on the gate is not going to stand up in court to prove beyond a reasonable doubt that the tenant knew he shouldn’t be there (hope I said said that right?). Apparently having a lock on the gate that he cut off isn’t enough evidence either, the tenant can say it’s his lock and he forgot the key so he cut it off. No wonder the law is frustrating and sometimes does seem to favour the baddies. Same as tenancy laws, they give the tenants so many more rights.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Okay, that explains a lot. Given the detailed explanation from the Police, I would say that they acted appropriately (with the exception of the lock - if it was new, then you would have a receipt for it and the tenant wouldn't).

Given that they have now put the former tenant on notice, at least you can rest assured that if it happens again, the Police certainly will act.

Keep us updated when you see the property first hand.
 

Tim W

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28 April 2014
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