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'Monstrous' landlady loses case

A landlady has been ordered to pay $10,000 after she took money off prospective tenants before locking them out and holding their belongings to ransom.

In a written judgment on the case, magistrate Magistrate Ed King slammed Cheryl Ann Griffin for her “reprehensible and monstrous actions”.

She had taken a $2,300 deposit off newly-arrived Ernst and Young accountants Nikola Alaica, Alastair Bedingfield and John Wallace in October last year.

Mr. Wallace said they handed over the cash after Mrs. Griffin promised to sort out problems with the fridge, oven and dishwasher and remove junk at the Harvest Lane, Shelly Bay home.

However, when the tenants turned up to sign the lease they found none of the tasks done and Mrs. Griffin nowhere to be seen.

When they turned up for another meeting the locks had been changed although all their stuff was inside including contact lenses, credit cards, passports and clothes. By that time another tenant, Krista Oster, was involved

A local co-worker of the tenants tried to negotiate with the landlady who demanded $4,600 to open the door and let the tenants get their belongings or she would set fire to it.

The tenants had lodged on the floors of work colleagues and missed training during the stand-off which lasted days.

Police, lawyers and the rent commissioner all got involved and after 45 minutes of negotiation Mrs. Griffin finally accepted a $4,600 cheque before allowing them just enough time to get their possessions into two taxis which were waiting with the meters running.

Neither the $2,300 deposit nor the $4,600 rent money was paid back and the tenants found another, more expensive property to lease.

The landlady told the court the tenants had raised various new demands which she satisfied including repainting a bedroom, installing a ceiling light and fan.

One tenant refused to sign the lease until the refrigerator had been installed, said Mrs. Griffin and then held out for other demands when told that had been done. She said when the tenants dodged a meeting she posted the notice and locked the door.

When the tenants failed to pay the first month's rent at another meeting she gave them an ultimatum that she would dispose of their clutter in the house.

When the tenants paid up to get her stuff she said it was the tenants' decision to move out of the house. Mr. King said: “She admitted she denied the tenants access to get their belongings until she was paid the $4,600.”

He said by accepting the deposit the four persons were lawful tenants but had been barred from getting in the house.

“She constructively evicted them. She broke the law.”

She had arbitrarily seized the tenants' belongings said Mr. King. “She left them with the clothing on their backs and nothing more.”

Her notice said the month's rent was owed and the tenants' deposit was forfeited for breach of promise and inconvenience.

But Mr. King said a tenancy deposit cannot be applied, without the tenants' approval or order of court, to anything but the satisfaction of loss or damage caused by the tenant to the premises. Mrs. Griffin's notice even said she would complain to the tenants' employers, the immigration board and rental agencies.

Mr. King said the tenants were right not to break into the property and Mrs. Griffin wrong to lock them out.

“It caused them stress, worry, anxiety. It caused them to bunk on the floor of work colleagues. Her actions were reprehensible - monstrous.”

He said Mrs. Griffin had unjustly enriched herself at the tenants' expense and said such landlords had to be taught a lesson.

He awarded $10,000 damages and $130 in costs. The money must be paid by March 31 or Mrs. Griffin faces 28 days in prison.