NSW Department of housing breached contract

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Ciel

Member
18 February 2021
3
0
1
Hi,
When I moved in 21 years ago I was 8 months pregnant. The previous tenants were drug addicts and there was burn marks on every bench and all over the carpet. There also was insulation throughout the house as someone had broken in. There was a car full of rubbish in the back yard and grass up to the windows. This is how I accepted the property as I was desperate and they promised that I’d have new carpet before my baby crawled. He’s now 21. They replaced the lounge room 12 years ago, but I had to pay $100 to have the hall done otherwise it’d be two different colours from the front door. Bedrooms where we sleep and heal have not been done. Kitchen was relaid with vinyl squares but was no sealed. They told me I have to ring every three weeks and harass until I get it, even though they acknowledge that carpet is meant to be replaced every ten years. How do I take dept of housing? I think we need a class action. Full rent has been paid in time for all 21 years. If they were a private landlord they’d not be allowed to treat tenants like this.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Being one of their tenants myself, I sympathize with you. One thing you could do at this point is to make an appointment with your local Community Legal Centre, discuss the problems you're having with them and go from there. Another option would be to write to your State Member of Parliament. That might actually get faster results.

The carpet issue is pretty dodgy in my opinion. If it gets mouldy at all, then that can reder the house uninhabitable because of the serious health risk.

For future reference, and for anyone else in social housing or on the waiting list for, here's a couple of tips for dealing with Housing NSW (or whatever the hell they're calling themselves this week)...

1. When you go in to sign your tenancy agreement, be very aware that it is standard practice for this department to falsify the condition report - so make sure that you have read and fully understand section 307C of the NSW Crimes Act.

If they hand you a falsified condition report (usually very easily spotted by boxes being ticked for rooms that don't exist, like the 4th bedroom of a 3 bedroom house), ALWAYS reject it and tell them that they are required by law to inspect the property. When they give the standard response of "the Tenancy Act doesn't require an inspection at the start of a tenancy", tell them that they have the choice of inspecting the property and filling out the condition report truthfully and accurately as is required by law, or they can refuse and face 2 years imprisonment and a $22,000 fine for knowingly producing a false document in compliance with a law of the state.

2. Develop hearing problems. This one is important - AOID AT ALL COSTS dealing with this department face to face or on the phone. If you need to discuss something, especially if it's important or you think that for any reason at all they won't like it, call (or get someone else to do it), explain that you are hard of hearing and state what your issue relates to, but DO NOT get into a discussion on the phone. Ask for an email address for the "Team Leader" for your area - don't ever deal with "Client Service Officers" unless you absolutely have to - they are worst of the lot. Make sure all communication regarding anything serious is always in writing. Believe me - these clowns say one thing to your face and then go off and do something entirely different behind your back. They are trained to lie and to be deceitful, so try to keep everything in writing so that you have a record of all communication - at some point you're gonna need it.

3. Keep all statements, water charge notices and any other document that in any way, shape or form, relates to money. NEVER throw these out.

4. No matter what they are doing wrong, never withhold or refuse to pay rent or water charges - that one applies no matter who the landlord is. Doing so will only get you into trouble and if you end up in a battle at the Tribunal, even if you are the applicant, it will affect your case in a detrimental way. If you don't agree with what you are being charged, then challenge it, but in the meantime, stay on top of any charges until you get the matter sorted. For Housing NSW, when it comes to money, these gals are like rabid dogs.

5. They are right - you are wrong. Get used to that one folks. These gals can be the most arrogant people you will ever meet and if you piss them off, they can be very vindictive. As far as they are concerned, they are little tin Gods that can do whatever they like and get away with it. Their sh*t doesn't stink and no law applies to them. In fact, these clowns actually believe they can write their own laws (and that's not a joke). Get used to this attitude.