Need some legal help

[Guest Stranger Intruder]

Hi,

 

I got into some troubles and want to try to appeal the decision of Residential Tenancies Tribunal in the District Court.

I have prepared the appeal myself and I need to estimate my chances to win and possible losses if I lose.

Residential Tenancies Tribunal recommend to use free legal services for that.

But they all are available by phone only and I am now in another town.

 

**** Links removed as they contain some personal information*****

 

In fact it is necessary to read only

the pages 2 and 3 in the "Appeal Form" and

the pages 2 and 3 in the "Exhibit - Timeline"

this gives the whole picture. These files are in the appeal.zip

I need only to estimate my chances otherwise I can get into bigger troubles.

 

I can even transfer some reasonable money for this if possible.

 

Or please recommend my anybody who can can help me remotely by e-mail.

 

Thanks in advance :-)

 

Alexey Tkachenko

Edited January 24, 2014 by Diane
removing links containing personal information

[Blossom]

I really can't work out what you are trying to achieve.

The garden looked a mess really. The size of those plants they are not worth what you are stating.

It isn't the landlords fault that you didn't get the place ready before you left. And if you told the lawn guy it was just a simple lawn cutting of course he would either want more money or just mow over the (tiny) plants.

What is your actual aim?

[wizzywozza]

Your liana is actually a wisteria!

[soo_the_panda]

I'm really confused what you are trying to achieve here?

 

Am I right that you are in court over waiving a $160 fee?

 

It seems the only issue is that the guy you paid to tidy up your rental property before moving out cut down some flowers that you had planted? If that's the case, then I presume the owner/agent wouldn't care given they weren't there when you moved in?

 

There is a free legal advice service for help in compiling legal documents/negotiating your way through the court process.

[jim and adel]

I'm as confused as the others (but from what I've read my sympathies are with the guy doing the cutting/cleaning).

 

What is disturbing is that the site linked to has the gardener's full name and bank details (bank name, bsb and account number). That simply shouldn't be copied and pasted onto a site and linked to from here.

 

 

Jim

[Diane]

I'm as confused as the others (but from what I've read my sympathies are with the guy doing the cutting/cleaning).

 

What is disturbing is that the site linked to has the gardener's full name and bank details (bank name, bsb and account number). That simply shouldn't be copied and pasted onto a site and linked to from here.

 

 

Jim

 

I've removed the links - if anyone is interested, I suggest they contact the OP for more details of the complaint

[Toni]

Personally I think you have no chance of winning but I am definitely not a lawyer. Just using a commonsense approach. If anyone is at fault it is the gardener not the owner/agent of the property. It wouldn't fall within the guidelines of the Residential Tenancies Tribunal at all. Save your money and time and chalk it up to experience. It sounds like you didn't purchase many of the plants and you used cuttings which I would think the court would view you could do that again if you wanted. They are likely to think it is a frivolous and vexatious case and could charge you court costs.

[Guest Claire-n-tel]

Hi I Had read these links earlier before Diane kindly removed them, thats 20minutes of my life i will never get back Well spotted Jim i hadn't even noticed (?tuned out by then?)

 

Op seriously??......If this is the most pressing thing in your life i would suggest that you just pay the $160 and think yourself bloody lucky that your problems amount to this.

 

I and i'm sure many others on here will happily swap problems with you.....if this was as complicated as life got i would be happy to pay the $160 and even give a tip!

[Ktee]

Hi I Had read these links earlier before Diane kindly removed them, thats 20minutes of my life i will never get back Well spotted Jim i hadn't even noticed (?tuned out by then?)

 

Op seriously??......If this is the most pressing thing in your life i would suggest that you just pay the $160 and think yourself bloody lucky that your problems amount to this.

 

I and i'm sure many others on here will happily swap problems with you.....if this was as complicated as life got i would be happy to pay the $160 and even give a tip!

Have to agree with Claire, I would happily pay $160 for all my problems to go away. You took it to the tribunal you lost so why continue fighting over a few flowers, just buy some more, for goodness sake I will even buy them for you if you are so desperate.

[Guest Stranger Intruder]

Hi,

 

Thanks to everybody who answered.

 

In the absence of the link the story is simple:

 

Part I

 

you leave the unit and make photos of the flowers as they are you memory about being in Adelaide, etc.

you asked somebody (X) to cut the grass

you ask him do not touch flowers - he agrees

he cuts the grass together with flowers, sends you the photos and demands the payment

 

Part II

 

You refuse to pay and ask the property manager do not pay from bond

Property manager includes this payment into tenant invoice

You contest this in Residential Tenancies Tribunal for two legal reasons:

1) property manager did not hire X so this payment should not be in tenant invoice

2) X destroyed the flowers, which market value higher then the payment

 

Part III

 

Residential Tenancies Tribunal

takes the side of property manager

the payment increases by 40 dollars without explanations

the document "Reasons..." from Residential Tenancies Tribunal does not contain any reasons at all

you ask Tribunal about reasons

Tribunal sends new document "Reasons..." that does not mention your reasons and grounds at all

 

Part IV

 

you prepare appeal and need to assess it

lawyer in NSW says he does not know the laws in SA

free lawyers in SA accessible by phone or visit

readers at pomsinadelaide ask what's the matter :-)

admin in pomsinadelaide deletes your link

 

This all resembles the movie "Ragtime" more and more :-)

 

I need to appeal this week.

 

Anyway thanks for all comments, I understand them, the reaction of lawyer in NSW was similar.

 

Of course this is not about 180 dollars.

 

I can provide full info by request.

 

Alexey Tkachenko

[Blossom]

It's not your house, the owner could have ripped the plants out the second they got the keys back. They will always be exactly that, memories. It was never your house, you would never see them again.

I work at a plant wholesalers and I can tell you your estimate of how much it would cost to replace (we get contacted often by insurance companies for such things) are way ott. I saw the pics and most of those plants we would throw out as not worth selling. Indeed you were given some of them because they couldn't be sold.

 

I'm just glad the guy actually got paid for the job he did. You are wasting yours and the tribunals time with this case. You were in the wrong here, nobody else.

[Guest Stranger Intruder]

It's not your house, the owner could have ripped the plants out the second they got the keys back. They will always be exactly that, memories. It was never your house, you would never see them again.

I work at a plant wholesalers and I can tell you your estimate of how much it would cost to replace (we get contacted often by insurance companies for such things) are way ott. I saw the pics and most of those plants we would throw out as not worth selling. Indeed you were given some of them because they couldn't be sold.

 

I'm just glad the guy actually got paid for the job he did. You are wasting yours and the tribunals time with this case. You were in the wrong here, nobody else.

 

In fact there was the grape vine several years old with branches several meters long. I have contacted several shops and nobody knows where to get similar thing in SA.

That guy simply pushed his lawn mover everywhere. The liana survived just because his device could not overcome it ( you can see the cuts on the bark in the photo ).

 

And if they have managed to warn me that flowers would be cut then I would dig them out of there for sure. And in fact I had 2 days of rent left to do this. And the key were sent by post later.

 

This is simply additional info. I don't want to convince anybody.

 

In my universe I would call the owner for sure before cutting somebody flowers. I even would be afraid of legal consequences.

This guy was specially warned do not touch the flowers. And the flowers were located at one square meter. It was possible to cut even by scissors in 20 minutes.

[Guest Stranger Intruder]

**** Links removed as they contain some personal information*****

 

The link, take 2

 

Just in case, I removed that BSB data from the page, so I paste the link

 

(link removed)

 

 

Anyway it was helpful, I did not notice that account info was there.

Edited January 27, 2014 by Blossom
Removal of link

[emmie]

 

Of course this is not about 180 dollars.

 

 

Well, what is it then?

 

Are you worried that your name will be entered on a blacklist?

[Blossom]

You don't have a liana. What you have there is a wisteria sinensis.

 

I am removing the link again. There are identifying features of your landlord which we do not allow on this site.

[Blossom]

The reason nobody can help you find a grape vine is that it is the wrong time of year. You buy them in winter when they have lost their leaves. I bought one for $8 last year, it is already that big!

If those plants were all within 1m square they are worth even less than I gave them credit for. A seed grown lemon is a weed and not worth a penny. I don't know if you noticed, but you can't even see it in your pic. Your viburnum looks sick. Carpobrotus can be found, for free, at many a road side near the coast.

 

If you have come here to somehow bad mouth the agent then you are out of luck. Firstly it is not allowed on this forum, secondly everyone thinks you are at fault. So what are you trying to achieve?

[Guest Claire-n-tel]

Alexey, I really think that from the replies you have had from this forum and of the said NSW lawyer, you have a good idea of peoples opinions, i think the fact that no one appears to support your opinion gives you your answer. Just because it is not the answer you were looking for is irrelavent.

[Blossom]

Life really is too short to let this stress you out. Just move on with your life and forget all about it. All that you are doing is prolonging it at the moment. Is it really worth all your energy?

[Toni]

Truly, I think you have to the pick the battles that you want to "fight". I know it is difficult to accept sometimes that people will "get one over on you" but what have they really done? They have removed some plants that can be replaced. It is your word against theirs. It is the stress and difficulty that you will go through that is the worse part. Someone once told me " what do you care about that person?". this is so true, they are not your family or friend, you will probably never see them again, you will certainly never give them any business. Is it worth giving them any more of your consideration and the stress that you are going through. Learning to let go of the "small stuff" is a really valuable lesson, I think.

[zebedee]

Truly, I think you have to the pick the battles that you want to "fight". I know it is difficult to accept sometimes that people will "get one over on you" but what have they really done? They have removed some plants that can be replaced. It is your word against theirs. It is the stress and difficulty that you will go through that is the worse part. Someone once told me " what do you care about that person?". this is so true, they are not your family or friend, you will probably never see them again, you will certainly never give them any business. Is it worth giving them any more of your consideration and the stress that you are going through. Learning to let go of the "small stuff" is a really valuable lesson, I think.

 

It hardly seems worth it for the monies involved!

[Ktee]

Two things here, the first and main one is that it is NOT your house or GARDEN.

Please take a deep breathe, stand back and look at your complaint from a third party point of view, you are currently too emotional to do this, I will tell you that you won't win so for your own sake you need to let this go before it makes you ill. Life is too short.

[Guest Stranger Intruder]

You don't have a liana. What you have there is a wisteria sinensis.

 

I am removing the link again. There are identifying features of your landlord which we do not allow on this site.

 

Please tell me what do you mean writing "identifying features of your landlord"?

[Guest Stranger Intruder]

The reason nobody can help you find a grape vine is that it is the wrong time of year. You buy them in winter when they have lost their leaves. I bought one for $8 last year, it is already that big!

If those plants were all within 1m square they are worth even less than I gave them credit for. A seed grown lemon is a weed and not worth a penny. I don't know if you noticed, but you can't even see it in your pic. Your viburnum looks sick. Carpobrotus can be found, for free, at many a road side near the coast.

 

If you have come here to somehow bad mouth the agent then you are out of luck. Firstly it is not allowed on this forum, secondly everyone thinks you are at fault. So what are you trying to achieve?

 

Why it is not allowed for people to know what are the agents here in reality? Who will protect tenants? Definitely not you. You are the enemy of your visitors. Like the spider and the flies. Look at your messages, they are venomous.

[Guest Stranger Intruder]

Two things here, the first and main one is that it is NOT your house or GARDEN.

Please take a deep breathe, stand back and look at your complaint from a third party point of view, you are currently too emotional to do this, I will tell you that you won't win so for your own sake you need to let this go before it makes you ill. Life is too short.

 

Everybody see like moderator and administrator stand guard over the interests of the agents and landlords.

[Diane]

Everybody see like moderator and administrator stand guard over the interests of the agents and landlords.

 

Everybody that has replied to your post has told you the same thing - perhaps it is just the moderators and administrator that can be bothered to keep replying to you even when you are obviously taking no notice of anyone that tells you anything you don't want to hear. Blossom works with plants as well so hers is an expert opinion - but similarly one you obviously choose to ignore and belittle.