Sorry everyone, but I think I posted this to the wrong place earlier...lol.
My best friend was boarding with friends she’d known since 2010 in share accommodation, after she broke off a bad marriage. She paid $100 in advance when she moved in, (Friday 7th Jan 2011), and an additional $300 two weeks later, (Thursday 20th January 2011, and remained in board/lodging to just short of 10 weeks, when her unit was approved, and she moved out, (Wednesday 16th March 2011).
Her board/lodgings were still in advance payment to Thursday 17th March, with zero debt to the head tenant, neither for board/lodgings, nor property damage, and yet, the head tenant demanded that she pay a further $300 for the next fortnight to Thursday 31st March….the amount of time she would never get to use at that address, and under the Criminal Code ACT Qld 1899, this action is called fraud.
Albeit, when my friend paid the extra $300, she did so under duress, and left her with very little for the next two weeks thereafter. Just like everyone else in the community, she has other bills to pay, including food.
Also, the reason she didn’t report this to the appropriate bodies earlier, was that she was so afraid of adverse repercussions by the head tenant. She is a very shy person and unable to confront stand-overs in such a situation. She has only brought this to light recently, which prompted me to action.
I find that the actions of the head tenant to be deplorable, and my friend, and others who have undergone the same misdeals, need to be afforded due process
Given that a boarder/lodger is not covered by the “Residential Tenancies and Rooming ACT 2008”, we need to keep in mind that as far as this part of the ACT goes, I feel there is no need for a boarder/lodger to forward any amount of notice to exit.
If “notice to exit” is a necessity under section-32, which I doubt, then this ACT is operating on a one-way street so to speak, and deprives the person of his/her basic human rights. Further, my friend was under an implied contract in this case.
Residential Tenancies and Rooming ACT 2008
Section 32
Boarders and Lodgers
Sub section (1) This Act does not apply to a residential tenancy agreement if
the tenant is a boarder or lodger.
Let it be known that I have intentions of representing my friend at the tribunal.
Any positive feedback on this matter would be greatly appreciated. I’m trying to ascertain as to whether or not she has a right to pursue this and have her money returned to her in full, and I am open to constructive criticism.
My best friend was boarding with friends she’d known since 2010 in share accommodation, after she broke off a bad marriage. She paid $100 in advance when she moved in, (Friday 7th Jan 2011), and an additional $300 two weeks later, (Thursday 20th January 2011, and remained in board/lodging to just short of 10 weeks, when her unit was approved, and she moved out, (Wednesday 16th March 2011).
Her board/lodgings were still in advance payment to Thursday 17th March, with zero debt to the head tenant, neither for board/lodgings, nor property damage, and yet, the head tenant demanded that she pay a further $300 for the next fortnight to Thursday 31st March….the amount of time she would never get to use at that address, and under the Criminal Code ACT Qld 1899, this action is called fraud.
Albeit, when my friend paid the extra $300, she did so under duress, and left her with very little for the next two weeks thereafter. Just like everyone else in the community, she has other bills to pay, including food.
Also, the reason she didn’t report this to the appropriate bodies earlier, was that she was so afraid of adverse repercussions by the head tenant. She is a very shy person and unable to confront stand-overs in such a situation. She has only brought this to light recently, which prompted me to action.
I find that the actions of the head tenant to be deplorable, and my friend, and others who have undergone the same misdeals, need to be afforded due process
Given that a boarder/lodger is not covered by the “Residential Tenancies and Rooming ACT 2008”, we need to keep in mind that as far as this part of the ACT goes, I feel there is no need for a boarder/lodger to forward any amount of notice to exit.
If “notice to exit” is a necessity under section-32, which I doubt, then this ACT is operating on a one-way street so to speak, and deprives the person of his/her basic human rights. Further, my friend was under an implied contract in this case.
Residential Tenancies and Rooming ACT 2008
Section 32
Boarders and Lodgers
Sub section (1) This Act does not apply to a residential tenancy agreement if
the tenant is a boarder or lodger.
Let it be known that I have intentions of representing my friend at the tribunal.
Any positive feedback on this matter would be greatly appreciated. I’m trying to ascertain as to whether or not she has a right to pursue this and have her money returned to her in full, and I am open to constructive criticism.
