My family and I have been living at our Residence since 2009. In 2016 we had some Department of Housing Tenants move in

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Customer: Hi, My young family and I have been living at our Residence since 2009. In 2016 we had some Department of Housing Tenants move in next door into a house previously Leased by the Department of Education. The Property was maintained fairly well prior to the new Tenants moving in. Now over the period from 2016 until last Friday 27th August 2021 myself and several of the surrounding neighbours have put up with a lot of disruptive behaviour and illegal activities from this Property among other things. Most have been reported to WAPOL, Shire of Derby West Kimberley, Dept of Childrens Services etc over these years. I and my neighbours sent numerous letters to everyone we could think of including the Shire CEO, Shire President/s, Department of Housing, The Ministers of the Department of Housing, The local WAPOL OIC's, Local WAPOL Detectives and the Ombudsman. Now to our problems: 1) We have a Rat infestation which has only come about since the day the Tenants of the Property moved out. We have caught 14 1/2 Rats so far with traps but still have some in our roof. We now as of today have noticed that our Laundry Ceiling has been eaten away and there are 2 other holes one in our Spare Bedroom and the other around a light fitting in our Bathroom.
JA: What state are you in? It matters because laws vary by location.
Customer: 2. Our boundary fence was reported to Housing the day the Tenants started to play up and never had any movement on getting it replaced there are 2 trees which prevented us from doing it as they are on their side of the property. Western Australia 3. One of the trees above has actually grown it's roots under the corner of our house and has we believe pushed into our Shower/Bathroom drainage system which we have had to clean out several times over the last few years. Several reports were submitted about this also. What I want to know now is if there is any chance of us getting any works done to remove the rats, replace the fence and repair our damaged bathroom? I mean through a legal avenue? We have had no luck using all the channels stated above so we are out of alternatives and looking at a large sum of money to do the necessary repairs etc. We have just purchase another property but we are keeping our current home as a rental for a while so the works need to be done prior to us having any tenants in.
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: During the last several years we have notified the Department of Housing using phone, email, complaints line, maintenance line and spoken to the Regional Manager based in Broome (222kms away). All illegal activities were reported ASAP to both Housing and the Western Australian Police including the Detectives etc. Don't get me wrong we are thrilled to not have the neighbours anymore but the pests, fence and damages are not going to be cheap at all and not to mention trying to bring up 3 boys aged 1, 3 and 5yo alongside drug dealers, parties, hooning cars, domestic violence etc etc etc etc.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that's it.
Answered by John Melis in 5 mins 1 year ago
John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.
You can raise a claim in the Australian administrative tribunal..
The State Tribunal is perfect for mediating disputes.

The document you file in the tribunal is the points of claim. You can download this from the tribunal website.

Draft the complaint in numbered order detailing the issue. I suggest that you also say what action you have taken to try and rectify the matter.

You can run your case yourself.

There are help menus on the tribunal website that you can use to assist you with the application and process.

When you lodge your application, you will receive an email from the tribunal with the next steps to follow.

Does this help with your question today?


John Melis, Expert

I hope this message finds you well.

I'm just following up to see how you are going with your situation.

Just recapping your circumstance, you have had some issues with the property. What you can do if you cannot resolve this matter, is commence an action in the Australian Administrative Tribunal. The tribunal is an excellent way to resolve the issues that you're dealing with at the moment.

Please let me know how you progress with your matter.

It was my pleasure to help you today, and I thank you for chatting with me. If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

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