by Harry Palmer

A whistle blower has told Cairns News that NSW Real Estate companies are utilising a little known section of the (RESIDENTIAL TENANCIES ACT 2010) to evict tenants under a NO REASON clause releasing property owners of any obligation to a tenant’s lease agreement.

Investment property owners wanting to remove a tenant by cancelling a lease agreement are instructing Real Estate agents to throw them out.

Residential Tenancy Act 2010 section 187(1)(i) 

(i) a termination order or an order for the possession of premises,

(A termination order or an order for the possession of premises requires a landlord provide termination notice details and reasons why the orders should be made by the Tribunal. (NCAT)

Cairns News spoke with an advocate of the NSW Tenants Union stating Real Estate agencies across NSW are terminating tenancies for NO REASON utilising the regulation and the NCAT adjudication.

If the landlord or his agent wants to terminate your agreement at the end of the fixed term, they must give you at least 30 days notice that includes the last day of the term. If the landlord or agent applies for a termination order, the NSW Civil and Administrative Tribunal (NCAT) must terminate the agreement.

The landlord or agent can apply to the Tribunal for a termination order without giving you a termination notice The Tribunal may make a termination order and may order you to give immediate possession of the premises to the landlord.

Supply and demand has invoked rent bidding where cashed-up prospective tenants approach real estate agents offering payment of higher rent and or six months rent in advance.

Real estate agents are not demigods or government flunkies they are business people subject to litigation for their action, so why is it rarely used on them?

What is “TICA” (Tennancy Control Pty Ltd) – it’s the largest Australian national tenants database grown over 25 years. Maintained by a private company of faceless people, Tenancy Control Pty Ltd, owners Philip and Marina Nounnis, hide behind flimsy computer security most likely unaware how much information is out there from 25 years in business.

With our 40 years of investigating corporate fraud and white collar crime both national and international, our investigator restarted some 12 months ago  to get back on the trail of TICA, National Tenancy Database, Tenancy Check, Trading Reference, Australia.

If the landlord or agent acts to end the tenancy when you try to enforce your legal rights (such as asking for repairs),  they can expect up to a $22,000 fine under the RESIDENTIAL TENANCIES ACT 2010

If you are a NSW tenant visit The Tenants Union https://www.tenants.org.au/ which hosts loads of useful information.

As for the NSW government, cross-party support for an election promise from the government to end no-grounds evictions suggests it will be outlawed in the state.

Our inquiries are ongoing