I cannot find any info regarding this, the owner of a property who has sent eviction notices to no avail, next step very expensive court matter but have heard that we may beable to disconnect the power to the property. Anyone know? Or who can I call located Brisbane QLD. Thanks
QLD Can we disconnect power?
- Thread starter Snapchat07
- Start date
Are you the landlord or the tenant?
I would suggest that, prima facie, disconecting the power
as a means of applying duress to a tenant who refuses to move
is not reasonable.
For one thing, the landlord is not usually the account holder with the energy supplier
(and no, the landlord does not own the wires or supply fittings).
Further, it is not clear that a landlord (let alone an electrician they engage)
has an automatic right of entry here (for example, we don't know from the post above
whether or not the tenant actually be on a periodic lease...?).
I would suggest that, prima facie, disconecting the power
as a means of applying duress to a tenant who refuses to move
is not reasonable.
For one thing, the landlord is not usually the account holder with the energy supplier
(and no, the landlord does not own the wires or supply fittings).
Further, it is not clear that a landlord (let alone an electrician they engage)
has an automatic right of entry here (for example, we don't know from the post above
whether or not the tenant actually be on a periodic lease...?).
Ok some history, the house is in his name only (owner of the house) his ex (still married) lives in the house and has done for a year and a half, agreement was she would pay mortgage repayments and rates and gain a loan to pay him out. He paid mortgage for first 7 months and rates for first 3 months. Also pays his child support and rent elsewhere. Mortgage is only $292 a week $200-$250 less than what rent would be on house 5 bedrooms with pool. He received court summons for unpaid rates $3000 and letter of arrears from bank same day of $1750. Set up a phone call to try to negotiate sale of property and division offering her 60%. She just became abusive and delusional that she thinks he can sign house straight over to her. Engaged with a lawyer who suggested just sell the house out money in trust. Organised realtor to visit premises he visited and called 5 times and she refused to answer the door spoke on phone she hung up twice and was abusive. He sent a form 9 letter to enter for valuation she locked house up and refused to answer. Sent letter of offer in mail registered post with 7 day notice to reply she handed her daughter handwritten letter 10 days letter to pass on saying she will not move and doesn't agree. Tried to organise mediation but earliest is 3 months away unless pay $1000-$2000 he has broken his ankle and on light duties so cannot afford to pay. RTA advised send form 11 letter of arrears giving one week to pay then letter to evict form 12 have done both and timeframes been and gone. Realtor also stated the house has a flood from top floor he could see from front door she had pile of towels soaking it up every time he visited water was flooding. Federal circuit court urgent orders will take at least 3 months which by then house will have been sold by either bank or council. Have spoken to both and was given one month which is now been and gone. Just hitting brick walls. Have 4 children together shared custody of three 42-58 % in favour of mum and he has full custody of one. Have a Dv order out on her for physical assault and threatening violence on myself and children (partner) also charged with threatening violence in court. Just reached dv order again and is due back in court next week. Also attempted to blackmail him saying he owes tax department money, she is a qualified accountant and did his tax returns. We took it to police who have sent to CIB for investigation for extortion charges. Also been waiting since feb for centrelink and child support. To rectify percentages of care for children she denies how often we have them so we pay as if we have only 25% care. Has drug problem didn't complete court ordered drug test from parenting order got away with it. Filed notice of risk and judge didn't care just signed off on final orders. Hasn't paid any school fees last year or this year for any of the kids won't pay for books sports or uniforms we pay all of it. Is very frustrating.
Ok, so this person is not a tenant.
Perhaps what you actually have here is
an estranged spouse still living in the marital home.
In which case, I'd be thinking about divorce proceedings
and the property settlement process.
Perhaps what you actually have here is
an estranged spouse still living in the marital home.
In which case, I'd be thinking about divorce proceedings
and the property settlement process.
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