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House robbed again and tenant rights

House robbed again and tenant rights

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Old Dec 4th 2007, 7:13 pm
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Default House robbed again and tenant rights

I live in Sydney in a share house (my name is not on the lease) - have lived here for 3 years but in the last 12 months my house was robbed and the only thing of value taken was my laptop - x2!!! After the house was robbed the first time, the owners did nothing to increase the security of the place (and the place is NOT secure). I did try to hide my laptop the second time but the thief did a thorough search of my room (and it was only my room where he/she did this - the other rooms were basically bypassed) and found it.

I am considering taking legal action against the owners for neglecting to do anything to increase the security of the house, and I am wondering if anybody here knows what sort of rights tenants (or in my case, a sub-leaser) has in regards to this. I will also contact one of my local legal centres today but am wondering if anybody here has any info regarding this matter.

And yes, I will be moving out VERY soon...

Thanks in advance
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Old Dec 4th 2007, 7:36 pm
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Default Re: House robbed again and tenant rights

Originally Posted by dayank
I live in Sydney in a share house (my name is not on the lease) - have lived here for 3 years but in the last 12 months my house was robbed and the only thing of value taken was my laptop - x2!!! After the house was robbed the first time, the owners did nothing to increase the security of the place (and the place is NOT secure). I did try to hide my laptop the second time but the thief did a thorough search of my room (and it was only my room where he/she did this - the other rooms were basically bypassed) and found it.

I am considering taking legal action against the owners for neglecting to do anything to increase the security of the house, and I am wondering if anybody here knows what sort of rights tenants (or in my case, a sub-leaser) has in regards to this. I will also contact one of my local legal centres today but am wondering if anybody here has any info regarding this matter.

And yes, I will be moving out VERY soon...

Thanks in advance
Contact the NSW Office of Fair Trading www.fairtrading.nsw.gov.au, get their advice. In Qld, tennants have certain rights under the law as regards to security. This should be the same in NSW, but check with Fair Trading for the details, especially if you are sub-leasing. If yours was the only room touched, I would seriously consider moving out, as it seems to be possibly an inside job.
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Old Dec 4th 2007, 8:51 pm
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Default Re: House robbed again and tenant rights

It's not the landlord's responsibility afaik. If you're that concerned about it, just move out and rent somewhere more secure, failing that you could always put window locks on yourself and change the locks on the doors.
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Old Dec 4th 2007, 10:06 pm
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Default Re: House robbed again and tenant rights

I would have thought that insuring your valuables was your responsibility.
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Old Dec 4th 2007, 10:28 pm
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Default Re: House robbed again and tenant rights

Sure, insuring your items is your responsibility, but surely securing the property is down to the owner. We are not talking leaving a window open by mistake here.
When we lived in Sydney our flatmate managed to climb our drain pipe on night drunk when he left his keys inside and open the bathroom window. I was MAD and told my landlord I wanted it fixed so the windows could not be opened from the outside. Within a couple of days there were locks on them. I certainly would not have thought it was my job to fix window locks!! I was renting a property which should have been secure. And then we got broken into anway, but they smashed the door in, nothing the landlord could have prevented there.
Who wants to live somewhere you may be tied into with a tennacy agreement where you have to worry someone might break in rob you, or worse, attack you?? You can't insure against that!
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Old Dec 5th 2007, 12:31 am
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Default Re: House robbed again and tenant rights

Many thanks for your replies.

Yes, I could have insured my valuables but what is the point if the house is going to be repeatedly broken into because it is an easy target?

I spoke to the real estate agent who denied that they had any knowledge of the first robbery - I think they are lying through their teeth. The leaseholder had told me weeks after the first robbery that he had notified them of it. It only infuriates me more that they (as representatives of the owners) will do and say whatever they can to avoid responsibility. For years, they had done absolutely nothing to fix up the house - including fixing the electrical wiring (we had several blackouts until an electrician did a proper inspection and reported to the appropriate authorities what was wrong), replacing faulty appliances.. the list goes on. If anything, I am expecting them to continue to make excuses which is absolutely unacceptable.

We could put locks on the windows and doors but guess what? The robber came in through the window by breaking into the FAULTY (never fixed) window in the front, and smashed through my housemate's door that was locked. So no, locking things up does not do anything.

I think this may be an inside job (I only had my laptop for 2 months - how did they know that there was one in my room??) and I will have an indepth discussion with my housemates about this.

I would be a fool to remain here - my partner and are now actively seeking another place and will be moving out ASAP.

the bloke - Thank you for the link. I will get in touch with them.
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Old Dec 5th 2007, 12:44 am
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Default Re: House robbed again and tenant rights

That sounds incredibly fishy about your laptop - why search only your room! Someone knew what they were looking for. The trouble with legal rights is that having them and enforcing them are two totally different stories. I don't know the Australian legal system but I do know the UK one, and laws without teeth are unfortunately too common. I would love to hear that enforcing your rights is easier here but I doubt it.
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Old Dec 5th 2007, 6:45 am
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Default Re: House robbed again and tenant rights

Originally Posted by Rosscarbery
That sounds incredibly fishy about your laptop - why search only your room! Someone knew what they were looking for. The trouble with legal rights is that having them and enforcing them are two totally different stories. I don't know the Australian legal system but I do know the UK one, and laws without teeth are unfortunately too common. I would love to hear that enforcing your rights is easier here but I doubt it.
THis is common.

Steal a laptop, or other goods, wait for a few weeks for the person to replace the goods and then return and do it again. It's an old trick.
Easy pickings.

Dayank... you ask:

Yes, I could have insured my valuables but what is the point if the house is going to be repeatedly broken into because it is an easy target?
I would have thought that was the point! Insurance is there to replace goods after theft. If you'd insured them, you wouldn't be out of pocket!
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Old Dec 5th 2007, 7:59 am
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Default Re: House robbed again and tenant rights

Originally Posted by dayank
Many thanks for your replies.

Yes, I could have insured my valuables but what is the point if the house is going to be repeatedly broken into because it is an easy target?

I spoke to the real estate agent who denied that they had any knowledge of the first robbery - I think they are lying through their teeth. The leaseholder had told me weeks after the first robbery that he had notified them of it. It only infuriates me more that they (as representatives of the owners) will do and say whatever they can to avoid responsibility. For years, they had done absolutely nothing to fix up the house - including fixing the electrical wiring (we had several blackouts until an electrician did a proper inspection and reported to the appropriate authorities what was wrong), replacing faulty appliances.. the list goes on. If anything, I am expecting them to continue to make excuses which is absolutely unacceptable.

We could put locks on the windows and doors but guess what? The robber came in through the window by breaking into the FAULTY (never fixed) window in the front, and smashed through my housemate's door that was locked. So no, locking things up does not do anything.

I think this may be an inside job (I only had my laptop for 2 months - how did they know that there was one in my room??) and I will have an indepth discussion with my housemates about this.

I would be a fool to remain here - my partner and are now actively seeking another place and will be moving out ASAP.

the bloke - Thank you for the link. I will get in touch with them.
I think it is an inside job as well.

Make it known that you have a new laptop (even if you dont), even go as far as bringing in a laptop box and fill it with something.

Borrow a camcorder and set it up to record (if you can).

Put a note in the laptop bag saying 'caught you - thieving bastard'.

It might not be much but will confirm it is an inside job.
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Old Dec 5th 2007, 8:07 am
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Default Re: House robbed again and tenant rights

Good point about getting the insurance and yes, I will insure everything of value when I move out of here. This is the lesson learned. But in my opinion, the most valuable lesson that I've learned from this second robbery is if the owners don't give two shits about the tenants and their safety and security - it is a strong sign that no matter what you do you will never feel or be safe in your "home". Owners / landlords should take responsibility for a house that has questionable security (including installing gates/fences/locks etc) as my parents did after their house was robbed (which they own/occupy) - gates were installed, alarm system put in - obviously, this place isn't owner occupied so they didn't care enough to do it.

It's not a good enough excuse to tell the renter/tenant "oh you should have had insurance - that is your responsibility" (which is exactly what the real estate agent told me to deflect blame from themselves) - but the fact is - they had not even bothered to do an inspection to see how the thieves got in this house or talked to us about what happened. Nothing was done - and this carelessness is what I want to take them to court for.

Good suggestion professional princess
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Old Dec 5th 2007, 8:20 am
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Default Re: House robbed again and tenant rights

Originally Posted by Professional Princess
I think it is an inside job as well.

Make it known that you have a new laptop (even if you dont), even go as far as bringing in a laptop box and fill it with something.

Borrow a camcorder and set it up to record (if you can).

Put a note in the laptop bag saying 'caught you - thieving bastard'.

It might not be much but will confirm it is an inside job.
And then they get a camcorder too. LOL
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Old Dec 5th 2007, 8:39 am
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Default Re: House robbed again and tenant rights

Originally Posted by pumpkin blossom
And then they get a camcorder too. LOL
Yes, that was my thought too.


I would have thought that the owner of the house, the landlord, should provide accomodation of a decent standard... If he doesn't, you probably have a claim. Speak to a legal bod.
Let us know how it goes.
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Old Dec 5th 2007, 9:22 am
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Default Re: House robbed again and tenant rights

Ah, in the instance of your Laptop, I had mine stolen two weeks ago and it was hidden very well.

I spoke to police in Moorabbin about this and also O'brien who replaced the glass. There are gangs that work in all states and have technology that enables them to home in on your laptop wherever it may be, IF, the laptop has bluetooth. Doesnt matter if it (bluetooth) is on or off, so you could have it hidden under a pile of clothes in a wardrobe in the spare room and they can still get at it. Laptop theft is big business. Dont assume inside job or someone knows you because they got to it even when it was hidden.
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Old Dec 5th 2007, 9:52 am
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Default Re: House robbed again and tenant rights

Mate, you were stolen from, but you're not even on the lease - whaddya want the landlord to do?!!??!!.

As far as I can tell, landlords have the obligation to provide "reasonable" security, however they have no responsibility to increase security after a break-in.
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Old Dec 6th 2007, 12:15 am
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Default Re: House robbed again and tenant rights

Originally Posted by Sherro
Ah, in the instance of your Laptop, I had mine stolen two weeks ago and it was hidden very well.

I spoke to police in Moorabbin about this and also O'brien who replaced the glass. There are gangs that work in all states and have technology that enables them to home in on your laptop wherever it may be, IF, the laptop has bluetooth. Doesnt matter if it (bluetooth) is on or off, so you could have it hidden under a pile of clothes in a wardrobe in the spare room and they can still get at it. Laptop theft is big business. Dont assume inside job or someone knows you because they got to it even when it was hidden.
My first reaction was that your were severely mis-informed but a little googling has proved it can be done. With some laptops, bluetooth is always ON, unless you specifically switch it off or power down everything. What happens is the crooks get a phone and ask it to search for another bluetooth system. Laptops will come up with a special type identifier since they are computers, not phones. It won't tell the crooks WHERE the laptop is [not without very sensitive and specialised homing equipment] but it WILL tell them that there is a bluetooth capable computer [i.e. a laptop] somewhere within about 10 metres. Go along a row of parked cars, try each one and you may get a hit - indicating a car contains a laptop.

So you are partially right - thieves CAN detect one is nearby, but they cannot know EXACTLY where.

If you own a bluetooth laptop and especially if you put it in the boot of your car, make sure bluetooth is OFF unless you specifically need it.
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