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VIC Unfair Threats from Share House Tenant - Privacy Breach and Defamation?

Discussion in 'Defamation Law Forum' started by Lac, 2 June 2015.

  1. Lac

    Lac Member

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    Can a tenant in share accommodation house take legal action against another tenant claiming being discredited to the real estate agents and breach of privacy?

    Also, where do I stand in terms of being harassed by the grandmother of this person via text, phone calls and threats to contact my workplace to inform them of an untrue drugs and alcohol problem ( defamation?)?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there Lac,

    Can you please give more information about the situation?
    1. What is the background to the situation- i.e. series of events that lead to this break down of relationship and your co-tenant complaining about you to the real estate agent?
    2. What has your co-tenant said to the real estate agent?
    3. Has the real estate agent contacted you?
    4. Why is this person's grandmother getting involved?
     
  3. Lac

    Lac Member

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    Hello Ivy,
    Thank you for your reply, in response to your questions:
    1: the background in a nutshell is a clash in personalities resulting in a very uncomfortable living situation. He agreed to look for somewhere else to live and I asked within 28 days, this did not happen so I gave him a written letter asking the same.This person very rarely would contribute to the household in terms if keeping it clean or cleaning up after himself and having various strangers enter the house for sexual encounters leaving myself feeling uncomfortable and unsafe.
    2. It was me that has spoken to the real estate agent about the person in relation to the above issues.
    3. This was discussed over the phone and also in person during an inspection where they were witness to the unsanitary state of this persons room.
    4. His grandmother has been ringing me and sending me threatening text messages making accusations. I'm assuming the reason why she is involved is this person is quite young 20 years of age and had obviously involved her. Each time there has been an incident she had phoned the agent on his behalf.
    Again thank you for your reply and look forward to your advice.
    L
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Lac,

    Firstly, if this person's grandmother is repeatedly contacting you to harass and threaten you, and you have asked them to stop and they have refused, it might be time to seek an AVO through the police. At the very least you can tell her that if she contacts you again or contacts your workplace that you will be getting a restraining order.

    Secondly, if you have spoken to the real estate agent privately and truthfully about the state of the house and the behaviour of your housemate and additionally the real estate agent has seen the evidence of this with their own eyes, then your housemate and/or their grandmother won't be able to successfully sue you for defamation. My guess is that they are using empty threats in an attempt to intimidate you into doing what they want.

    Thirdly, how did the real estate agent respond when they saw the state of the house/ room and you explained what had been going on? Have they agreed to help you get rid of your housemate? Also, have you told the real estate agent that you are being harassed by this person's grandmother? If the real estate agent isn't being helpful, then you may want to get in contact with your landlord. I'm sure that they would want to know if their property is being mistreated and your attempts to get rid of the offending tenant are not being assisted by the real estate agent.
     

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