Residential Tenancies Act 2010 - Sect 50
(3) A landlord or landlord's agent must take all reasonable steps to ensure that the landlord's other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
A tenant has lodged an application with the NSW Consumer, Trader & Tenancy Tribunal asking for the refund of rent since Oct 08 worth over $7000 because, they claim, Housing NSW have failed to address a noisy neighbour problem for nearly two years.
This is not a case to determine whether the neighbour is or isn't excessively noisy - it is a case about the failure of Housing to implement their own policies and promptly address issues raised by tenants.
According to the applicant, over 40 incident reports of harrassment and noise complaints have been submitted, plus dozens of meetings and phone calls to Housing have all been ignored.
Seven different CSOs have handled the file, including two Anti-Social Behaviour Officers and yet, all have failed to action any part of it in two years.
It seems quite extreme action on behalf of the tenant just to get Housing workers to do their job. This will be an interesting case to follow and may just open the floodgates to many other applications being lodged to CTTT.
Have you got a similar story?
Friday, August 6, 2010
Tenant SUES Housing NSW
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good on the person sueing the NSW department of housing trust me Victoria housing is no better.these people are getting paid for a job they dont do not to mention the fact that we get spoken to very rudely and disrespectfully.i know of others that have had alot of problems with neighbours and nothing has been done about them.Hopefully this one person will make a difference for the rest of us.All the luck in the world and good on you!
ReplyDeleteI live in an adjoined terrace and my neighbour is an alcoholic who has invited many homeless teenages to live with him. They party 24/7 and this often turns into violence. I have had meetings with this neighbour and DoH have been involved for over five years. I don't want this neighbour kicked out as he has told me he would kill himself if that happens. I think I have to move because my quality of life is being ruined but feel it's unfair on me and my two kids. I really feel DoH needs to take more responsibility to manage this tenant
ReplyDeleteHope they win. Our Street had a problem neighbour for a couple of years the only way they could get them out was to actually sell the property. Now we have private neighbours that are quiet, respectful and we all live in a great Street NOW
ReplyDeleteMy gripe with the department is about my neighbours and her feral children. I have had five break-ins four of those where by the feral kids who live behind me. A number of people have complained and tried to have them removed only to be told by the department that they are a troubled family. Why the excuses? They party every Friday night graffiti everywhere they can and in general are the neighbours from hell so why does the department let them stay.
ReplyDeleteI am also taking the dept of housing to the tenancy tribunal brcause of a neighbour, in the Northern Rivers, who was given an AVO and threatened and intimidated me over a five year period. The Dep of housing did not act until I went to the tenancy tribunal and I am asking for compensation and resolution over the matter considering they broke the tenancy agreement which they signed. Also, yes, they have also been extremely rude and unhelpful. I have been forced into private housing and will take this as far as it needs to go as it is very wrong. How some employees treat disadvantaged clients is appalling.We do have rights.
ReplyDeleteSeems to me the Housing Dept "protects" the "Ferrals"and not it's "good tennants"...When neighbours provide the Dept with information of multiple un-authorised people residing in DOH properties,and have continued noise issues then the guilty people should be given notice of intention to evict, if they do not conform within 2weeks..... DOH is a "priviledge...not a "right" if people dont live by the "Tenancy Agreement" there are plenty of "deserving" families waiting for the opportunity to have "a home".
ReplyDeleteI sympathise with all the people who have the ferrals right up close and personal as their neighbours...in the 10 years I have lived in public housing I have met, over and over again, good people traumatised by bad neighbours. I often ask the question: Why does the media NEVER, EVER pry into HNSW or interview them, but have a ball stigmatising the tenants of public housing...I even tried contacting one of the current affairs TV programs to do so, and never got a reply. Why?! When the media will generally stick their noses into everything?!!
ReplyDeleteMy neighbours are great, thank goodness. But I have often thought that tenants should push the CTTT to reduce the market rent calculation for all PH properties across the state by a fixed fraction to compensate for the fact that public housing has become "housing of last resort", with an increased probability of anti-social neighbours. And while we're at it, a "stigma" discount as well. Haven't got a snowflakes of crse, according to legal advice...
ReplyDeletemy flat was putrid when i moved in. thick mould all over the bathroom ceiling,the paint hung down in 40cm strips,the carpet was infested with cocoroaches, stained, stunk of cat & human urine,had mould eating away its edges with rusty rotten nails exposed,,the oven was rusted & fully infested with cocoroaches, the walls were filthy, i had 2 throw out my new sofas & bed within 18months of moving in coz the smell stunk them out. i got headaches & nosebleeds from breathing it all in.the door lockes were dodgy, window frames old & jammed ETC ETC ETC . after 4 inspections..they said my flat was fit 2 live in & wouldt remove the carpet coz it was "clean" there are 4 drug dealers in this block alone. ive been broken into ,my dog stolen & dumped 3 hours away, ive been asaulted, harrassed my life threatened, took out an avo against a violent neighbour , i had many support letters my client service officer & supervisor sais it wasnt a valid reason 4 a transfer. im terrified 2 the point of wetting my bed. they wont move me. the police wont listen either. anyone have any ideas 4 me?
ReplyDeleteWould someone like to enlighten me as to why the income ceiling to remain in public housing is so low? I am a single person who has been told that if I make over $744.00 per week I will be told to move out. Get with the times guy, where can I rent in Sydney support myself and pay bills if I make that type of money? In private rental half that income would go in rent then I have to pay tax. The ceiling should be lifted to keep pace with current rents. And while on rents why does the department charge 1/3 of your gross income in rent if you are working. No wonder people in public house don’t want to work. I am 57 and if I make too much I will have to vacate and then where will I suppose to live in Hyde Park under a tree or a retirement village?
ReplyDeleteThis is to Anon on september 6th I am a tenant who is appalled by your situation, you are human and deserve to be treated as such.If I were you id be taking this to the media...taxpayers have a right to know where their money is going and im sure most people dont mind helping disadvantaged if they have to.
ReplyDeleteIf the current affairs shows dont listen to you then ring talkback radio,contact your state mp or camp outside parliament house.
Dont be afraid and dont be ashamed!!!!!!!!!! You deserve better!!!!
Im sure the govt departments rely on our lack of confidence to keep us quiet..I used to be quiet but now i know im worth something i speak out and so should you...GOOD LUCK XXXXXXXXXXXXXXX
2 years ago, they moved out all the tenents to a caravan park,saying they needed to do work on the buildings ceilings.
ReplyDeleteWhen my mum said hers had been done years before the DOH rep agreed but said she would have to be moved out temperarily as well.
next thing we saw the building roped off, workmen in space suits and danger signs all around the flats.
Upon asking the workmen, we were told they were stripping back the ceiling which contained asbestos.
My mum was horrified.
Now, apparantly the work oders for mums ceiling repair seemed to have dissappeared from her file, and they are denying it was ever done.
My mum has now just discovered she has spots on her lungs?
I've been in DOH for 6 year's and all I've copped from
ReplyDeletemy faul mouthed neighbour's is nothing but abuse in front of
my children and the DOH say it's a neighbour dispute and to go to the police,
so than I thought i'd go to the Local Member of Parliment,as they all say the same thing as each other that it's a neighbour dispute and we don't really want to deal with it.So now I'm a absolute wreck from the neighbour's from HELL,and on medication cause of their on going abuse and if I go outside I try not to be seen,as I'm scared they will start abusing for all to hear,PS so what do you do!
I live in one of the Dept prestige blocks in Pyrmont.The block has 8 units and only one tennent is a problem. She wakes people up all night banging the floor ,Is Homophobic, abusive and feeds pigeons on the balcony.For four years we have been complaining to the Dept and gone through CSO'S like above.We are thinking about taking the Dept to court also. It seems the only way.
ReplyDeleteWhat gets my fur up is how residents get away with running a business from their home i lived next door to a resident who was running their own business to the point they went as far as advertising in the yellow pages,these residents though were rather quiet until their relatives showed up then they became the neighbours from hell it got to the point of all the neighbours rallying together and complaining to houso that something got done, they were pulled into the office twice and things died down for a while then it started again and they were called in again and told that they would be put before the tribunal if it happened again within a month they had bought a house and moved out ...
ReplyDeleteAnother neighbour owns property in another country but is in housing here, i think they should be investigated prior to getting housing as these people can afford to buy either their own home or privately rent.
Where's the justice in all this ....
I wish there was a 'like' button under the posts... maybe there should be a class act where others in similar situations jump on board.. thats the only way to implement and creat change for public policy! all the web savvy housing tenants lets create a group on facebook and get every one involved.. email me on cheeekybreeze@yahoo.com.au or search for me on facebook. I am a social work student who has previously lived in housing nsw and has a other that does currently lives there and we have had similar experiences in the past.
ReplyDeleteLook forward to hearing back from you.
Cheers
I reside in Seniors units and as such deserve peace, however one neighbour insists on having her screaming grandchild residing with her 4-5 days a week, nights included. I am kept awake most nights but the department advises me theres not much they can do. I cant wait for the housing dept to find some quiet units on a deserted island, then one may get some reprieve from loud, obnoxious non caring neighbours.
ReplyDeletei had a life once untill i moved into housing!
ReplyDeletethen criminal,drug dealing,alcaholic,animal abusing, feral neighbours ruined my life- jealousy
being the main issue. i have writen to the housing minister,local mp,all nsw housing offices
& rather than deal with the problem they tried to evict me. did not work ! if you are given an eviction notice & you are inocent fight it!
took me 6 months but i won. i turned it around on housing
so now they have to do something because i took them to the Consumer tenancy tribunal = only $5 for penshioners.
the goverment will have to pay for me for years now as my health went too shit/other wise i would be working & have a life. what a price to pay for cheap rent! i may still apply for compensation.
we should help each other with tips on our rights
& i will comment again /im off to buy my antidepressants bye for now from IM A WINNER!
I agree with nearlly all of the comments I have read here. We have lived in HNSW houses for over 30 years. We have had excellent neighbours all that time, until they moved in the guy next door. He is a woman hating (sorry if this offends), perverted, fruit cake whom we know for a fact has been in gaol for a serious crime (which they both deny for privacy reasons) against his now deceased wife (hint, hint). What about OUR and our CHILDRENS safety??? He constantly tries to look through windows of our house and hurls abuse and obsenities at us and attempted assaults and what have the local CSO's done? NOTHING because they know all about him and are scared of him!! Complaints about his behaviour to both the police and HNSW have done us no good, the CSO's say 'keep making complaints we can't do anything if we don't know about it'. In the years we have been putting up with this crap they've done nothing, even when the police are involved. The police say 'yeah we know him, he has mental issues just stay away from him'. Tell me how when he has the corner block and we have to pass there everyday and he is next door. They do not give a toss, while my mother was going through a painful divorce the local CSO's told her they would like her to move out so they could move in a married couple that worked because 'they can pay more rent'!!
ReplyDeleteTo September 6th, I really feel for you, I went through much the same 5 years ago and am a changed person after that, even after I finally got moved as I went to a psychologist who pressured them that I had no plan to keep living....they transfered me to another nasty neighbourhood but to a prettier flat....I never completely unpacked, 18 mths later someone heard I wanted to swap and I live in a safe place where most of the people are too toxic from living in public housing to talk to one another, but older, too old to do any harm, I hope you have found a worthy advocate and moved, or, get many many documents in writing to support your transfer form, from doctor, psychologist, specialists, etc. etc.
ReplyDeleteI have been in my house for 27 years.raised my kids and now have the neighbours from hell. Have reported them to DOH on numerous occassions.had to have the council out re rubbish dumping and the various people in and out, noise, kids banging on doors at 3 in the morning..tried to be civil, but we are all"dogs" in this street. all others been here a long time. DOH says they will talk to them..BUT they are still there.WHERE IS THE JUSTICE.
ReplyDeleteI hope you win , these people believe they are above us and are overpaid bureaucrats. They are decidedly inept when it comes to doing anything remotely useful. The Government needs to put someone in place that they must answer to as there abilty to juggle bullcrap never ceases to amaze me.They will keep doing this so long as our government allows it. DOH needs restaffing with people that have experienced living within the system , maybe then we will get some fair treatment.
ReplyDeleteI am a DOH tenant and believe camera's need to be put in street's(like in Britain) so they can monitor who is causing the noise etc and give them 3 strikes and their out. When i report incidents to DOH, all they say is to call police or keep a record of it!THEY WANT US TO DO THEIR JOBS! Drugs and lack of discipline from parents and DOH are the main reasons why DOH areas are the way they are. DOH needs to start listening to complaints and take action and get rid of the trouble makers!
ReplyDeleteI have lived in DOH for 20 odd years in St Andrews years and during this time i have seen a tenants child burn there house down. then DOH relocate them to another house in the same street. then they destroyed that house causing over 20,000 in damages then are moved to another house in the same street.
ReplyDeleteand when these tenants call for things to be fixed the DOH fix i without any questions asked.
but how ever the people who do the right thing always have to wait for things to be done it's a joke and it's only a matter of time before people take things into there own hands .
Has anyone had success in taking HousingNSW to court? I tried in a bid to resist an illegal forced eviction, but could not proceed beyond a certain point without legal representation, even at the Consumer Trader & Tenancy Tribunal. Legal aid would not assist, and it was virtually impossible to find a solicitor willing to do it. Has anyone else been subjected to a forced eviction?
ReplyDeletehere is an idea, this blog should be sent to the minister and the media. ACA and the like are far to afraid to rock the boat, it takes a class action to spark media interest
ReplyDeleteif any readers are wanting to start a class action against housing, contact me and I will join. THAT will be the only way anyone will listen. it will also create a stir in the media and DOH does not like that sort of attention
ReplyDeleteEVICTION = there are tenancy suport services who can represent you in your area do inquire.
ReplyDeleteWHAT grounds are they using to evict you ? some times a technicality is all you need to stop the eviction.please explain more so i can advise you better & how far things have gone.the CTTT can also be challanged in a higher court/ nerve racking & time consumeing (treat the whole experience like a job to be done with no emotion!)
other wise it will kill you.
do not forget that
the people who work as our client service officers
are over worked under paid & resent that we get cheap rent when some of them still live at home with mum & dad or in a dump half the size of our homes /these so called client service officers have no propper training & end up hateing their jobs & the people they are suppose to look after! & at times beleving the wrong spitefull,vindictive,ferral tennants causing more harm to the inocent tennants.HEY WEAR DO I FIND THE SPELL CHECKER ?
FROM I AM A WINNER
Never thought I would see the day, loving freedom more than anything else...but I AGREE, there should be cameras in public housing properties, because even though the housing organisations have a gaggle of legal people to call on, they have OMITTED doing anything about what is classed as 'Common Ground' where SO MUCH of the trouble happens. In public housing anyone can do whatever they like on 'Common Ground' which is anywhere on a property that is not actually fenced or allocated to you, the tenant. Why? Because they could not be bothered to fine tune this, the way it is in private accomodation...it IS do-able, but they just could not be bothered, and, look at the hell it creates!
ReplyDeleteI am a pensioner in HNSW & would like to know why, each time we receive a pension increase are we subjected to water rate increases as well as rent. Those that own their own homes are not subject to the same rule.
ReplyDeletei am a nsw housing tenant. I was on the list for housing 11 years then when i found myself homeless back in 2006 i asked nswhd to assist. My request for priority housing in jan 2007 was rejected then 2 days later i was given a place. That was the start of my nightmare. The place i was given was identical to the place i grew up in and was sexually abused nightly by my step father. I told nswhd this on day 1 & was told under those circumstances i would have no issue getting transfer. I am still here 4.4 years later.only just got approve for rental subsidy scheme but i see no security in this. I often wonder if i have a case against nswhd???
ReplyDeleteAs a result of domestic violence I was moved to another area.I was told by the cso that I did not have the right to look at the property before I moved and therefore as I was in a dire situation I had to accept it. Great people that houso are they moved me into the same street as the assailants aunt and uncle. No prices for the response."just ignore them". The place was flea infested(still have medical certificate from ten month old's flea infestation in his hair ,eyes nose etc 8 years later!) rats were a daily occurrence and I was made to sign some weird agreement. To date I have had continual problems with cso including a mixup with my child who turned 16 but I was still charged rent for him although I no longer recieve payments for him. The bathroom ledge has that much wood rot and complaints are ignored so when it (the window ) falls out and one of my children are injured nothing will happen as this is houso for you.Agree with the mould as we have had mould for 3yrs but housing claim its a sydney wide problem and too much to deal with.So my response is to save what little I can so that if I have to move into a $90,000 house in the country then I know I am responsible to pay for a decent plumber,electrician etc and have peice of mind over my childrens health. I would never recommend that my children go in housing ever.Too many feral people including one woman I personally know who kicked both her daughters out at 16 so they could jump the housing cue while she and her son live in a four bedroom place with her boyfriend and his kids which housing claim are not their. Yep thats why hjer daughter is in a refuge right now at 17 and is getting assistance while honest people pay for her rorting the system. sorry if I said too much sometimes it has to be stated.....
ReplyDeleteI complained to Housing re my anti-social neighbour. Housing gave me priority housing segment 3 under unsafe housing, a very very long wait whilst I suffer from the abuse the anti-social neighbour is dishing out. Everytime I made a complaint I was made to feel like there is no light at the end of this transfer tunnel.. my kids are traumatised, still nothing anyone can do as there is limited public housing available. The only answer is to move and yet private rental is out of reach due to being a "single parent with many kids" discrimination. I feel there is no hope.
ReplyDeletewhy is it that it seems that people on centrelink that pay almost nothing seem to get away with everything, yet Those who do pay full rent seem to get ignored thats how it seems!
ReplyDeletemy daughters and i had to leave our housing trust home after 4 and a half years due to alcoholic violent neighbours i begged the trust to help us numerous times but they refused finally the feral neighbours smashed the windows in my house twice two weekends in a row..while we were there...still no help so my petrified daughters and i left.. now after having 3 more children i still have to wait 25 years the trust have told me great now i private rent and it sucks good on ya sa housing trust
ReplyDeleteAfter 4 long years of abuse from feral neighbours and their children .. the usual story .. all nite party's, assaults, noise, abuse, break-in's, thefts, damage to property and numerous police reports and petitions signed by surrounding neighbours .. My family and I remain on the transfer list. We put security and sensor lights up only to be screamed at that we were paedephiles, perving on their kids. Told to get Police Event NO's .. hundreds later.. my health and life has suffered as have my family's .. They know the law and and all the loopholes! Thats why it is on their side!! ..
ReplyDeleteI am a good tenant that is most of my problem, they now have someone to pick on, they are not scared of me, so I am not safe. Not once has homeswest provided a place that is safe sometimes I think I would rather live on the street. They were coming into my home at eight o'clock at night. They have assualted me. Homeswest does not deserve good tenants. Catherine
ReplyDeletei,m sick of seeing on tv how bad tennants get moved on from one place to another ,trashing home after home, bad behaviour,swearing louts the public housing dept expect the police to deal with it,i have always been a good tennant looking after my public housing home,it was built in the 1950s,it is full of mould because of bad drainage and is falling down around me,my bedroom door fell to pieces and they wouldn,t put up a new one, a friend give me one who lives in public housing as the housing dept decided to do his place up and give him new doors all through the house alough he didn,t need them,come on housing stop waisting money on those who are worth it, look after your good tenants my rent is being spent on them,
ReplyDeleteim a single mum to two girls age 9 and 5 with a aby boy now 8 months and pregnant with my fourth, i live in a housing nsw and my kids and i have been sick from all the mould and no carpet, i was getting nose bleeds and sore throats my girls have asthma and my boy ended up in hospital from bad viral infection from the mould i then told housing my kids will not spend another day in this home the way it is so they sent workers out they stripped my house left us with a toilet and cold water shower out back and that was it house is still in shambles..we have been staying with my mum and friends and sometimes in the car so i stopped paying them rent for a home that is unlivable and now they are evicting me for arrears any ideas what to do cause im in no position to private rent
ReplyDeleteI and others nearby have put up with a negative neighbour for 4 years who is offensive, damages property, threatens, steals and stalks one woman . He has been in gaol, breaks AVOs, hospital when Psychotic and is well known to the police. He doesn’t have a worker cos he is so aggressive. DOH fobbed us off and to those who were granted transfers poor alternatives have been offered therefore refused.
ReplyDeleteThe Department is undermining, uncaring and irresponsible. This blog is great, I am stoked to hear of winners and I really feel for and commiserate with those putting up with hell.
Should have “like” box cos one day we may want to take a class action and it would help if there was support for each comment registered. Bravo we are awesome J