Spanish Point tenant vows to take landlords to court
A tenant is complaining of harassment after her landlords twice failed to win court eviction proceedings.
Ruby Hassell said George and Jenita Dyer bought the Spanish Point property she lived in last summer and she was then asked to leave when her new landlords said they had to carry out major renovations.
But the Dyers later retracted and wanted to double her $600 rent without clearing it with the Rent Commissioner or without offering to improve conditions, said Ms Hassell.
However Ms Hassell stuck to her rights and refused to pay the extra money even though she suspects other tenants in the block agreed to the raise.
The Dyers then asked her again to leave as they wanted to renovate the apartment in Hill Crescent.
When the Dyer?s took her to court to take possession last Fall the case was thrown out after Magistrate Ed King pointed out they did not have the proper planning permission to carry out the work.
Ms Hassell said: ?He asked them why would they buy an old beat up house and expect the tenants to pay for it.?
When the Dyers refused to accept her rent she went to the lengths of getting a manager?s cheque and sending it by registered post which prompted a letter from the Dyers explaining how rent could be collected in future.
However Ms Hassell said the Dyers then took her back to court early in March in another failed attempt to get her to move.
This time they said they wanted to live in the apartment themselves but the story was not believed by Mr. King who again threw out the case.
Rent Commissioner Eugene Foley confirmed Ms Hassell had been served a number of notices by her landlord to quit possession.
?Obviously she?s been successful so far in defending herself.?
He said tenants in rent controlled properties were not obliged to sign rent increases and that landlords who wished to push ahead had to clear it with his office which would inspect them to see if the claims were fair.
?The reason the law is there is to ensure tenants are protected.?
He said he believed Mr. Dyer had not applied to the Rent Commission to review the rent on the apartment.
Last night Jenita Dyer refused to comment on the case.
However Ms Hassell said she had endured verbal run-ins with the Dyers who had stopped cutting the grass which was part of the rental agreement.
And she believes the Dyer?s blame her for reporting them to the planning department.
?I will be seeking legal action against the Dyers for harassment soon.?
She plans to take up her case with the Premier and other leading politicians.
