QLD Sue DOH Neighbours for Damages?

[Asadopholis]

Our neighbours are DOH tenants who have repeatedly displayed antisocial behaviour. They've damaged our property, sworn at us, and if they're not screaming at each other, they have their music up so loud our windows rattle. We've been complaining for 16 months, and have diaries with CCTV footage (which they've declined on several occasions).

My wife has been diagnosed with anxiety due to the ongoing problems. Her doctor was happy to give her report to DOH, who said they would help but did nothing. Our other neighbours are terrified of them, but I've had enough.

I want to sue for damages - for my wife's anxiety, for the damage to the property, for loss of income and peaceful enjoyment of our property. DOH won't enforce their agreement with their tenants, and we've notified them time and time again. We have police reports, incident numbers, medical evidence. Worth while cause or should I take other action?

 

[Scruff]

Are you renting and if so, are you a DOH tenant as well?

 

[Asadopholis]

Are you renting and if so, are you a DOH tenant as well?

No, we own our home.

 

[Rod]

First step is write a letter detailing your concerns and problems, and send it via a lawyer or registered post. Give them a period of time, say 30 days, to respond. If that fails see a lawyer.

 

[Asadopholis]

First step is write a letter detailing your concerns and problems, and send it via a lawyer or registered post. Give them a period of time, say 30 days, to respond. If that fails see a lawyer.

Already taken that step. Also taken the matter to the Queensland Government Ombudsman, who had told us they haven't responded.

Cheers for helping out though. I know when I first started this process, I never would've sent a letter.

 

[Rod]

OK. Good luck. DoH likely deal with these issues all the time and will have a set process they follow. Likely their first step is ignore the problem and hope it goes away without doing anything. Gives the people in the accomodation at least 12 months, more like 2- 3 years, before DoH has to re-home them somewhere else.

I don't envy their task trying to find homes for people with anti-social behaviour.

 

[Scruff]

Have they threatened you at all?

 

[Asadopholis]

Have they threatened you at all?

Yes. Police slapped them with a good behaviour order. They behaved until it lapsed then went straight back to it. This isn't their first rodeo.

OK. Good luck. DoH likely deal with these issues all the time and will have a set process they follow. Likely their first step is ignore the problem and hope it goes away without doing anything. Gives the people in the accomodation at least 12 months, more like 2- 3 years, before DoH has to re-home them somewhere else.

I don't envy their task trying to find homes for people with anti-social behaviour.

We've been told they have a three year lease (signed in 2016) at their current premises and because there's so many children, it's unlikely they'll be transferred. So spot on.

 

[Scruff]

Looks like you'll have to try and hit them in the hip pocket.

For persistent noise, try complaining to the council and keep complaining. The council "can" issue fines under environmental laws and can even take court action if it persists.
For threats, you can apply for peace orders yourself (This document that explains the process pretty well: https://www.justice.qld.gov.au/__data/assets/pdf_file/0009/84555/m-fs-peace-and-good-behaviour.pdf)
For damage, jump on it straight away, especially if you have evidence of who caused it (CCTV etc). In those cases pursue compensation for the damage.
If you suspect drug dealing at all, you can definately do something about it (especially with CCTV cameras - I've done it both with and without cameras). You would need to work closely with the Police, but no-one would know about it.
If you don't suspect drug dealing, you probably won't be able to get rid of them (at least not through DoH anyway).

Basically, the only way people like this will change their behaviour is if it starts costing them money.
Believe it or not, this would all be a lot easier for you if you were in DoH housing as well. Being a private owner, it's a lot more difficult and harder to get DoH to act.