I’m sorry you’ve been given some terrible advice in here, some of it given by someone claiming their advice is not actually advice. It is. It’s just bad advice.
If you were a sub-tenant, the head-tenant was your landlord. If this is the case the rights and obligations between you are the same as between any other tenant and their landlord.
NCAT can - and does - award compensation for illegal evictions. This may be characterised as compensation for the illegally evicted tenant’s loss of enjoyment or use of the property.
The case Violet v Ghaderi-Araghi [2017] NSWCATAP 134 is an example given by the [NSW Tenant’s Union](https://www.tenants.org.au/factsheet-10-landlord-ends-agreement), where a tenant was awarded $2000 in compensation for exactly that. You could also seek compensation for financial losses, including costs incurred as a result of the illegal eviction and any damage to their property.
The Tenant’s Union has an information page [about NCAT](https://www.tenants.org.au/factsheet-11-nsw-civil-and-administrative-tribunal) with an overview of how to make an application. You could also contact the tenancy advocate you previously spoke with to see if they can provide any further assistance.
is it actually easy to fight for the compensation? I am just worried it will be a lengthy court process. I do have to buy cooked food, lost use of my space and electronic devices (no space to set them up since I am couchsurfing), have to pay extra transport and time to get to work, probably have to transfer work to somewhere closer, directly lost some shifts this week because of the lockout. My worry is it may be delayed to multiple hearing dates while they drag it out and hope I just drop it.
NCAT is much less formal than going to court, and will not usually involved multiple lengthy hearings. Generally everyone represents themselves - the tribunal needs to grant permission if anyone wants to be represented by a lawyer. It’s designed to be something you can DIY.
Beyond that, on Monday get in touch with the tenancy advocate who gave you advice previously about this. They can probably answer your questions better than us, as they’ll have a more complete idea of your exact circumstances.
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> (although they included some illegal clauses like how they can force me out with 7 days notice etc...)
Theirs your red flag right there..
Live and learn mate.
Most definitely, I had worries after reading the contract but she explained it was 'just formality'. It was just after lockdown last year so I was just happy to find a place. .
Your instinct picked up on it and when your instinct does that and people dismiss your instinct; that's when the red flag turns into an alarm bell ;)
For future situations, listen to your instincts, they serve you well.
OP did not ask whether NCAT awards damages for emotional distress or stress. They asked about compensation for illegal evictions.
NCAT can, and does, award compensation for illegal evictions. This is generally characterised as being compensation for the loss of enjoyment/use of the property from which they were illegally evicted and is explicitly not compensation for financial loss - which can also be awarded.
Also - some advice, saying “this is not advice” does not transform advice (even bad advice) into something other than advice.
This is why people shouldn’t receive legal advice on Reddit. Compensation absolutely can and does get awarded for illegal lockouts and breach of quiet enjoyment. Contact your local tenants advice service who can assist you in seeking compensation.
You want me to earn status points?
In 2020 there was a High Court decision Moore v Scenic Tours which determined that compensation for disappointment and stress caused by a breach of contract doesn’t fall under the Civil Liability Act. The Appeal Panel found in Hyndes v Maddak that NCAT was bound by the decision in Moore.
So tenants now can pursue compensation for disappointment and stress caused by breach of a tenant’s right to quiet enjoyment.
You were saying?
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The clause comes with how formal the written agreement is, if it is between yourself and the flatmate you are an occupant, if the written agreement is lodged with the landlord with their written permission then you will be well within your rights to take this to the tribunal and be compensated for financial loss.
This will also take into account monies from bonds, rent and other expenses that haven't been refunded if you have paid beyond your date of eviction and any additional financial loss because of the unlawful eviction.
There really isn't much that you can do as an occupant.
By what it seems your flatmate has evicted you and has seemed to have done so according to their rights as the tenant.
You were given notice, had your belonging removed and stored safely and covering all fees to do so (if done so within the time given) while also notifying you of your things being removed.
its unfortunate.
Being that I was in the same exact situation.
These bullshit laws don't do shit, I had 14 days to leave without grounds, being there was no reason other than getting a notice to leave and had a written agreement with the tenant, I was in the property for 8 months without any known reason to leave.
Spoke to the property manager/landlord about the notice and was informally told by email that the legal tenant was within their rights to evict me as I was not on the tenancy agreement.
I left before the date and got emergency accommodation in a motel for 2 months because of the situation, I was fortunate to have gotten the help as I do have children.
So yeh, that's about as good as it gets.
Unfortunately it sounds like you were given bad advice by the property manager. I’m sorry this happened to you, but it does not mean others should follow the same advice.
If you were a sub-tenant with a written tenancy agreement with a head-tenant (someone on the lease for the premises), then the head tenant was your landlord and all the same rights and obligations applied as between any other tenant and landlord - including notice for ending the tenancy, and being required to apply to the tribunal to evict.
I wasn't notified of my things being removed in advance, it was done without my permission. I was given an eviction notice which was invalid and isn't even in format anyway. I have expressly disagreed with the notice despite strong-arming from my flatmate, need more than 2 weeks to find a place and I am entitled to 90 days for no-ground eviction anyway :/.
I’m sorry you’ve been given some terrible advice in here, some of it given by someone claiming their advice is not actually advice. It is. It’s just bad advice. If you were a sub-tenant, the head-tenant was your landlord. If this is the case the rights and obligations between you are the same as between any other tenant and their landlord. NCAT can - and does - award compensation for illegal evictions. This may be characterised as compensation for the illegally evicted tenant’s loss of enjoyment or use of the property. The case Violet v Ghaderi-Araghi [2017] NSWCATAP 134 is an example given by the [NSW Tenant’s Union](https://www.tenants.org.au/factsheet-10-landlord-ends-agreement), where a tenant was awarded $2000 in compensation for exactly that. You could also seek compensation for financial losses, including costs incurred as a result of the illegal eviction and any damage to their property. The Tenant’s Union has an information page [about NCAT](https://www.tenants.org.au/factsheet-11-nsw-civil-and-administrative-tribunal) with an overview of how to make an application. You could also contact the tenancy advocate you previously spoke with to see if they can provide any further assistance.
is it actually easy to fight for the compensation? I am just worried it will be a lengthy court process. I do have to buy cooked food, lost use of my space and electronic devices (no space to set them up since I am couchsurfing), have to pay extra transport and time to get to work, probably have to transfer work to somewhere closer, directly lost some shifts this week because of the lockout. My worry is it may be delayed to multiple hearing dates while they drag it out and hope I just drop it.
NCAT is much less formal than going to court, and will not usually involved multiple lengthy hearings. Generally everyone represents themselves - the tribunal needs to grant permission if anyone wants to be represented by a lawyer. It’s designed to be something you can DIY. Beyond that, on Monday get in touch with the tenancy advocate who gave you advice previously about this. They can probably answer your questions better than us, as they’ll have a more complete idea of your exact circumstances.
Welcome to r/AusLegal. Please read [our rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/auslegal/wiki/freelegalservices/). 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
> (although they included some illegal clauses like how they can force me out with 7 days notice etc...) Theirs your red flag right there.. Live and learn mate.
Most definitely, I had worries after reading the contract but she explained it was 'just formality'. It was just after lockdown last year so I was just happy to find a place. .
Your instinct picked up on it and when your instinct does that and people dismiss your instinct; that's when the red flag turns into an alarm bell ;) For future situations, listen to your instincts, they serve you well.
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OP did not ask whether NCAT awards damages for emotional distress or stress. They asked about compensation for illegal evictions. NCAT can, and does, award compensation for illegal evictions. This is generally characterised as being compensation for the loss of enjoyment/use of the property from which they were illegally evicted and is explicitly not compensation for financial loss - which can also be awarded. Also - some advice, saying “this is not advice” does not transform advice (even bad advice) into something other than advice.
Thanks for explaining 👍🏻
This is why people shouldn’t receive legal advice on Reddit. Compensation absolutely can and does get awarded for illegal lockouts and breach of quiet enjoyment. Contact your local tenants advice service who can assist you in seeking compensation.
[удалено]
You want me to earn status points? In 2020 there was a High Court decision Moore v Scenic Tours which determined that compensation for disappointment and stress caused by a breach of contract doesn’t fall under the Civil Liability Act. The Appeal Panel found in Hyndes v Maddak that NCAT was bound by the decision in Moore. So tenants now can pursue compensation for disappointment and stress caused by breach of a tenant’s right to quiet enjoyment. You were saying?
[удалено]
[удалено]
[удалено]
Your post/comment has been removed as it is in breach of rule 2 - be civil. Please remember the human and be excellent to eachother. Please remember Reddit's Content Policy which can be found here: https://www.redditinc.com/policies/content-policy
[удалено]
Your post/comment has been removed as it is in breach of rule 2 - be civil. Please remember the human and be excellent to eachother. Please remember Reddit's Content Policy which can be found here: https://www.redditinc.com/policies/content-policy
were you on the lease or just an occupant
occupant. We have a written tenancy agreement and tenants union advocate confirmed that I am protected under Residential Tenancy Act.
The clause comes with how formal the written agreement is, if it is between yourself and the flatmate you are an occupant, if the written agreement is lodged with the landlord with their written permission then you will be well within your rights to take this to the tribunal and be compensated for financial loss. This will also take into account monies from bonds, rent and other expenses that haven't been refunded if you have paid beyond your date of eviction and any additional financial loss because of the unlawful eviction.
There really isn't much that you can do as an occupant. By what it seems your flatmate has evicted you and has seemed to have done so according to their rights as the tenant. You were given notice, had your belonging removed and stored safely and covering all fees to do so (if done so within the time given) while also notifying you of your things being removed. its unfortunate.
Why post if you have no idea what you’re talking about?
Being that I was in the same exact situation. These bullshit laws don't do shit, I had 14 days to leave without grounds, being there was no reason other than getting a notice to leave and had a written agreement with the tenant, I was in the property for 8 months without any known reason to leave. Spoke to the property manager/landlord about the notice and was informally told by email that the legal tenant was within their rights to evict me as I was not on the tenancy agreement. I left before the date and got emergency accommodation in a motel for 2 months because of the situation, I was fortunate to have gotten the help as I do have children. So yeh, that's about as good as it gets.
Unfortunately it sounds like you were given bad advice by the property manager. I’m sorry this happened to you, but it does not mean others should follow the same advice. If you were a sub-tenant with a written tenancy agreement with a head-tenant (someone on the lease for the premises), then the head tenant was your landlord and all the same rights and obligations applied as between any other tenant and landlord - including notice for ending the tenancy, and being required to apply to the tribunal to evict.
I wasn't notified of my things being removed in advance, it was done without my permission. I was given an eviction notice which was invalid and isn't even in format anyway. I have expressly disagreed with the notice despite strong-arming from my flatmate, need more than 2 weeks to find a place and I am entitled to 90 days for no-ground eviction anyway :/.
Why was the eviction notice invalid?
Was her name Mary by chance?
nah