NSW Can I sue my former landlord (FACS) for emotional distress caused by their negligence regarding their anti-social tenant who is known to by police?

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Hay87

Member
5 May 2021
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I suffer from mental health (anxiety neurosis and obsessive compulsive disorder) since the age of 15. I lived in Housing commission apartment with my mother. When a former tenant died, her apartment was given to a male in his early 20s. We enjoyed peace and quiet until his arrival. As tenants we witnessed him dealing drugs (he's also a user), damage common property, made death threats to us and other neighbouring tenants, was a constant nuisance due to buzzing our intercoms in all hours of the day, night and morning because he refused to purchase keys to the entrance doors, which he and his associates damaged. We witnessed many random people entering and leaving the premises (his regulars). People who came to the premises would yell and scream. On one occasion, two youths damaged the security glass door by kicking it until glass shattered. Our security doors were damaged and I would be in fear knowing that our security had been compromised. We petitioned and provided evidence and police reports yet these documents were dismissed by the team at Housing. He was always given a slap on the wrist. The police had also told us to stay away from him because he was a safety concern. He knew all the tenants made police reports against him and he hated all of us. My anxiety and OCD elevated severely where I was no longer functioning 'normal'. I feared entering and leaving the premises because of him. I developed insomnia because of it. I had to stop studying because my mental health deteriorated so much that I could not read a sentence without being distracted and would be left in tears due to the drama that would take place coming from his apartment. I had to work but could only work part-time because I feared leaving my mum alone at home for long periods of the day because of the potential he may hurt her given his drug using history. I was also sent home due to my mental incapacity to function that day due to another incident which police were involved in. I tried to seek help from our local MP yet Housing did nothing about their letters for investigation. There wouldn't be a day where police were involved. I had no option but to move but I suffered immensely until that time. Given the move into the private rental sector, I have been living off pay check to pay check because it is more expensive. I did seek therapy which wasn't cheap and went to as many as I could afford.

Despite my and other neighbours' pleas and evidence, we were dismissed. Housing would get annoyed at us for complaining about him. I want to know if I grounds to take them to court for their negligence in duty of care which was caused by their own tenant (I was also their tenant). I'd really love some guidance.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Simple fact here is that you don't know if FACS took action against the tenant or not. The fact that he wasn't evicted, doesn't mean that they didn't try to evict him or didn't take other action such as warning letters and/or claims for damage to property.

In regard to drug dealing, he can be evicted for that alone, but history tells us that the Tribunal will only terminate a tenancy in cases where there is a conviction against one of the occupants. Unfortunately, this means that the quickest way to get rid of drug dealers, is to work directly and very closely with the Police by providing ongoing intelligence and leave FACS out of it - they will be informed and kept updated by the Police. As soon as there is a conviction, FACS will be notified and will immediately apply to the Tribunal to terminate the tenancy.

To claim negligence, you would need to prove that they didn't take any action. That would be very difficult to do and would also likely be very expensive for little, if any, result.
 

Hay87

Member
5 May 2021
2
0
1
Thanks for your reply. Really appreciate it. Just to provide a bit more info, Housing knew he was the perpetrator of domestic violence, which he was sentenced and jailed for. There was evidence sent to housing, too. Yet they advised us that they are giving him “leeway”. In their policies, domestic violence is a cause for eviction. But they decided to not evict him. Further, police informed housing to remove him from the apartment due to safety concerns over a year ago. He’s also recently pointed a gun at another neighbour. Housing and police are aware of this. He’s currently in custody. Shouldn’t these reasons be enough to justify that our previous claims of him being a risk to residents, sound for eviction, as well as, grounds to pursue legal action against them ?
Look forward to hearing from you.
Warmest regards.