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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I acquired a 3/12 month verbal rental property section of

Customer Question

I acquired a 3/12 month verbal rental property section of land from a lady who owns a 10 acre purple title property,threw a friend. For$50/$100 per .$200 in rent money initially paid at the start of the verbal lease agreement ..was paid in cash from my friend to the landlord. Since this payment was made .. The landlord has verbally abused me about the ongoings of the following weeks rent money I'o'd at $100 a week Equaling $300 and the following weeks money due .i returned home to my rental property one evening to find my caravan broken into an a number of items of my property missing an my landlord at the same time walking out of MY CARAVAN . she seem very shocked I had arrived home at the same time as her an only her being there on my rental property. I asked her wot she was doing in my caravan at a ridicules time of 1.30 am she was kinda stumpted for answers she said some neighbour had called her to say there were 3 car loads of ppl on here property an a black guy .i told her I now refuse to pay her eny o'd or due rent untill my missing property was returned.since then 3weeks have passed she returned 9 pm on Tuesday night gone to say we had to move out wit all our stuff vehicle 🚗 s caravan an personal property an rubbish by the following day (Wednesday)the seventh of Oct 2015 she returned on the following day at lunch time to say I had 3 hours left to b of her property.she then swore at a worker in a truck who removes cars to that I had organized to removal a vehicle for me an told him quiet rudely to get away from my vehicle an off of her land .which he did .Then she drove her vehicle down our drive way an parked across the entire entry to the property an for the next 4 hours refuse entries in or out of her property no at all allowing my self or partner to remove our belongings.we contacted local police to get a assistance to collet our stuff.. In the mean time while waiting with my sister in law her partner an my girlfriend plus my 4 an 8 year old children for police assistance 2 cars an a truck wit 4 men an a lady have pulled up on the verge of the property across from were we were waiting still 2 hours later for police assistants ..they pulled up all got out of there vehicle 🚗s. Verbally abusing us when one of the four men who I mention has violently approched my sister in law ,boyfriend , myself an my family with a hockey stick an begun verbal threats to phycially harm us all then this guy with the hockey then began to smash an take out nearly every window in both my sister in law an her boyfriends vehicles infrount of my children who by now were physically an mentally petrified for all our lives.. Still waiting for assistance for police to come we've made a number of emergency call again to the police to let them no the ergency of the assistance we aquired.. Still with no help or assistance have then been threatened an chased about a kilometre down the road away from the entry to my rental property ..nce a km away these violent ppl friend an family of my landlord an the land lord have all entered my rental property to my belongings an vechiles now approximately 20 mins later after the damaged has been committed my parent inlaws have arrived to pick up my children to get the out of the whole situation as they were leaving 10 mins later wit my kids FINALLY the polce have arrived with nothing been done about eny of it we got told we had no written lease aggrement so do not enter the property wit out contacting the police fisrt an not untill I have proof of purchase to all my belonging an vechile s ..so now wit no clothes wallet or anything to my our names now homeless sleeping on my inlaws verge in my sister inlaws smashed up holden ute .. The police no help at all I mean no help wot so ever are telling me I ,we have no legs at all to stand on have just turn a cold shoulder to me an my terrified family ..plz can u possibly in some kind of way be eny help or can assistance me at all in our unbelievable situation at all .just that I cant access any of my belongings at all an as I write to u I am standing on this verge at present homeless now for the past 3 days .no food no water AND MOST OF ALL NO HELP OR ASSISTACE STILL FROM W.A POLICE WHO HAVE NOTHING BETTER TO WITH THERE TIME OTHER THAN DRIVE BY MY PARENT INLAWS HOUSE GORKING AT ME .. THE LAND LORD LADY YES SUPPLIED ME WIT A PIECE OF LAND TO RENT WIT NO WATER NO POWER NO SEWAGE ...SO I CANT UNDERSTAND WERE THEY GET OF TRYING TO KEEP MY VEHICLES MY CARAVAN AN ALL MY BELONGINGS FROM ME AN MY FAMILY ...???? PLZ WERE DO I STAND UR SINCERLY DAVID MURACE .....P.S HELP IS NEEDED DESPERATELY...
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
My sister inlaw an boyfriend went to give a statement at the local police station (midland) Perth W.A on friday gone the 9/10/2015 and was told by local officers that it wasn't necessary for him to do a statement due to some-one else has already be in the office and given a statement about the whole thing ..Dispute that they still gave their statements. Plus Y do my girlfriend an I really need paperwork for the two cars when they can just type up the V.I.N into their computers an both my girlfriend an my names would both appear ..?
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW who is going to help you with your inquiry today.

I think what you're asking me is whether you have a valid tenancy agreement for that property. It turns out you need to have a written agreement for your tenancy to be valid on any property. If you haven't got one of those unfortunately you are trespassing and need to leave.

However if your concern is more about any criminal behaviour that may have occurred, I am not the best person to discuss that with. Can you confirm whether you need advice about that?

In relation to your homelessness I am terribly sorry for your terrible situation.

Perhaps you could contact Tenancy WA, whose details are here.

Even though technically you don't seem to have a valid residential tenancy agreement you could contact them about other rights you might have.

I hope that has helped you today.

Kylie

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