Ok, so this isn’t directly charity related but this blog is about what happens when you make a decision to change your life for the “better” and follow your heart to try to leave the world a better place.
I’m emotionally drained, so most of this post is going to be copies & pasted from an email I sent last night to a friend. Forgive me, it’s not lazy… it’s just an emotional incapability to write it all again.
Here’s the deal. We live in this fantastic house, it’s really amazing and we took it on when we were both making good money and the rent $675/week was no issue. Then when Ricks business got hit by the GFC and all the big contracts he was supposed to be working on got put on hold until the economy picked up again. So initially my business was supporting his payroll until I just couldn’t afford to do it anymore and we had to put everyone off.
So a few months later when I decided I really wasn’t happy with my business anymore and needed to do something worthwhile, we were in a comfortable position. We did all the numbers and what we had coming in was enough to cover the necessities. There wasn’t heaps left over, but we’re simple people we don’t want for much. We don’t drink or smoke, we don’t eat out, we don’t as a general rule go anywhere that costs anything. The sum total of our “entertainment” spending is our Austar subscription – and given that we don’t get free to air TV here, I don’t think that’s a luxury when you’ve got kids.
We made the very difficult decision to take our children out of their private school that they love next year, and send them to a public school. This will save us about $12,000/yr and, had we not had some horrific problems with the school in the last term, I’m not sure I could have bought myself to do that.
We have managed to keep paying the rent for the most part this year but have missed about 4-5 weeks over the last year. For the last few months we’ve been paying $700/week to try to pay off some of what we owe in arrears, and we have kept our rent consistent since. The real estate agency seems to turn over staff faster than KFC (no offence KFC, thanks for not using Palm Oil anymore) - the previous property manager had made an agreement with us that if $700 was what we could afford, then that was fine. When he also left, 3 months ago we heard no more from the agent until about a week ago when they were to come for a routine inspection.
The inspection date rolls around and we are waiting all day for them to show up. We made 4 or 5 calls to their office but the phones weren’t answered (it was, after all, Melbourne Cup day). That evening we received a phone call from our neighbour who lives in a completely separate house at the bottom of the 14 hectare property. He asked if we were to have an inspection that day, because someone had come to his house and left a note saying that he was supposed to be there for an inspection, but as he wasn’t they had entered his property to carry out the inspection without him. That’s right… they went to the WRONG house – a house which is not even rented through their office and carried out an inspection on the home. People who live in the country will understand that we’re pretty relaxed about locking doors out in the sticks.
So the giggling property manager rings up two days later- apparently illegally entering someone’s house is funny, and she reschedules her appointment for today. I had no desire to speak to her so passed her on to Rick. At the time of this phone call she told Rick words to the effect of: she can see that our rent is being paid regularly but it is still behind, and that we need to put a payment plan forward to catch up the arrears and if we do that, everything is OK. That was on the 5th of November. “Set up a payment plan and everything will be fine”
On Monday the 9th we spoke to the property manager again to try to determine exactly how much we would need to pay to keep out of trouble. The property manager wouldn’t give us an answer and instead told us “you work it out and I’ll go back to the owner”
So we sit down and crunch the numbers, we’re already leaving ourselves short for food, but Rick spent the day at the Salvo’s getting some food etc. Which I feel crap about cause he’s a pretty proud guy, he’s never been unemployed, he’s never had to ask for food. But he did it and he came home happy because we had food. I should say also that he’s been applying for every single job that is advertised within a reasonable commute including some pretty crappy jobs which with his depth of knowledge & experience are insulting, but he’s applying. I’m just making the point that we aren’t sitting here trying to be elitist, we’re doing everything we can.
So then soon after he got home, less than 24 hours after speaking to the agent about the rental arrears, the real estate agent rings up again and says they’re hand delivering a notice to vacate and we have SEVEN days to get out of the house.
The whole time with the cars and all the other crap, I kept saying “I’m ok as long as I have a roof over my head and we don’t lose the house” – so now… yeah … now I have no idea what we’re going to do. We couldn’t afford to move even if we did have somewhere to go, and the landlord won’t let us stay even if we managed to find the $3,000-odd we owe them. My family have even asked me “what about your rent, are you ok with that?” and I’ve said “yeah, we’re fine!” because we had an agreement, that yes we were a few weeks behind but we were paying regularly AND paying extra, albeit only a little extra.
Just as I thought we would be able to cope with Christmas, Remax Mooloolaba expect a family, in financial hardship, with 9 children a dog, a cat & 9 chickens to not only find alternate housing but be moved out and property cleaned, keys returned within SEVEN days. And when we ask how we are supposed to find another house (especially as evictees) we are told “We will do what we can, but it probably won’t be through us”
We are not delinquent tenants. We don’t have parties and annoy the neighbours. We haven’t trashed the property, in fact we keep an impeccable house and grounds. We have three special needs children who have really only just settled in to their surroundings. The thought of spending Christmas homeless is really not something I planned when I decided to give up my previous life to try to make the world a better place.
The point of this blog at the start was to prove that anyone could make a difference if they decided to. I guess at this point I’m not making a very good case. If you’re wondering if this means the end of Project 18, then the answer is an unequivocal NO. I won’t give up on what I believe in. We’ve made a commitment to the betterment of the planet. Remax Mooloolaba won’t put an end to that.
We have had several discussions with Remax over the past 24 hours begging them to be reasonable – they refuse to negotiate. I would like to ask all my supporters, followers and friends to help me spread the word. PLEASE take a minute to contact Remax Mooloolaba and ask them WHY in this day & age, are they so incapable of making reasonable compassionate decisions?
You can Tweet Remax Mooloolaba @RentalAdvice email: mooloolaba@remaxproperty.com.au or phone their office 07 5452 4555
I am Soooo outraged, This goes way beyond REMAX Mooloolabah, they’re just the little guys making pathetic decisions……..
REMAX Head Office needs to be informed, but the media also needs to know! REMAX is a Franchise and REMAX gets the bad publicity, not just Mooloolabah, so hopefully the pressure from the other franchisees will turn it around, as all their businesses will be affected.
I am going to contact a friend who has a bit of ‘pull’ with the media and see if we cant get a story. If I had the money Cate, it would be given to you without hesitation, but I know you know that I just don’t….. Sorry!
there are other ways to help and I’ll give it my damndest!!
Heaps of love
Bev
xx
Cate
What a dreadful situation you are in. I was a property manager for many years in NSW and I can’t believe these people can be so heartless. The tenancy laws are different in each state and I am not familiar with the laws in QLD however, have you phoned the tenancy advice line in QLD and asked for advice. What would happen if you were to refuse to move?? In NSW, if this happened the agent/owner would have to take the tenant to the Tenancy Tribunal and get orders for you to vacate. It is a similar process in QLD, you could plead your case and maybe the Tribunal may decide you can stay if you put forward a payment plan?? Only a suggestion – but please feel free to email me direct and I am happy to do some research for you and help with anything in this regards.
Best wishes
Jayne
I use to be a property manager and I am assuming this is in Australia so let me tell you, if you receive a 7 day termination the options should clearly be written that you have 7 days to pay up or move out. If you pay up they can not kick you out. This is why we never used the 7 day termination unless we were happy for the tenants to stay in the house. Usually we would use a 14 day breach, followed by a 7 day termination, because with that method even if they pay they have to move out.
However if you have received a straight 7 day termination and you pay the rent there is no requirement for you to move out. Least not in WA.
In WA we can complain to the tenancy hotline run by REIWA, I think you are in QLD and have REIQ… Have you tried giving them a call? Here is their number – Ph: 07 3249 7390
This is when you stop believing in karma. Because shit things do happen to good people.
So sorry to hear this crappy news. I know you will find a solution and come out stronger for it. Thinking of you…
Response from the Directors of RE/MAX Property Associates: – We act as Property Managers for the owner of the property, we are carrying out instructions from the owner, and all instructions have been carried out in a lawful manner and in accordance with the relevant Queensland legislation. RE/MAX does not act of its own accord in making decisions in respect of a tenant and always acts on its Landlord’s instructions.
Tanya Love Reply:
November 11th, 2009 at 3:14 pm
Spoken like a true corporate identity with little compassion or an ounce of humanity. Did you have a solicitor or PR person write that statement for you? Sounds like common rhetoric to me without even a second of genuine reflection for what this family is going through. YOU are the management, there are other avenues you could be pursuing and as Cate pointed out, you could at least be offering to assist with alternative accomodation. That’s ok though, as there ARE nice real estates agencies out there who are willing to assist and it will be egg on REMAX’s face when it goes to air on TV!
Louise Peters Reply:
November 11th, 2009 at 3:47 pm
Instructions are one thing, but it is also your responsibility to advise so don’t hide under all of that “legislation”. What about the “legislation” of entering the wrong property on a recent rental inspection, what about the agreement that has been in place up until now? What about the legislation of the required notices that are to be given prior to eviction? What about service to a community & the members of it?
I have extensive experience in the real estate industry & I have been Property Manager appointed for a large rent roll myself & NEVER have I come across a landlord with such attributes that you are stating Cate’s landlord has. I wonder if he is aware of what you are saying? Could it in fact be defamation of character I wonder? We will never know considering we don’t know who he is….
I don’t agree with the eviction, but what the landlord wants the landlord gets – I understand that. But 7 days? Seriously. Never have I heard of a “supposedly” reputable business hiding behind such bollocks.
You can’t lay the blame with the owner and then refuse to assist in finding alternate accommodation. Let’s stop making excuses and using “legislation” as an excuse to be incompassionate and unreasonable.
RE/MAX may not act of your own accord but your role is to advise the landlord and act as a go-between for the tenant. I wonder if this has occured in this case.
Does the landlord of the Bolt’s existing rental property also have the authority to instruct you not to help the Bolt family find alternative accomodation?
You have done yourselves a major disservice. Have you seen the comments on twitter about you? People are vowing to never go near RE/MAX again, and to advise head office of your lack of compassion.
Seriously can you seriously say that you are happy to make a statement like that when a family is possiblly looking at breaking up and ending up in family refuges?
you are going to break a family up! and I doubt that you are even kind hearted!
We will make lots of Noise!
As the owner of four rental properties, I’d be very interested to hear about how one is able to evict tenants with 7 days notice (given repayment plans were already in place and terms were being met). It’s not something I’ve ever heard of.
Has this case yet been referred to Fair Trading, the Residential Tenancies Authority, Tenants Union of QLD or the Tenancy Advice and Advocacy Bureau? If not, I suggest they become involved ASAP.
Also, if the arrears were paid in full today, on what grounds could the eviction still stand?
And are we still talking about $3000
Wow! How professional they are.
And was that the directors who posted, or did they handball the blog comment posting to the lackey at the front desk?!
Thinking of you, Cate.
Hi Leanne,
Yes, we have been in contact with the Tenants Union and also lodged a form 16 with the RTA.
I’ve made fighting injustice my full time job, I shouldn’t have to do it here in beautiful Australia, but if thats what it takes then I certainly will.
Thanks for your support,
Cate
I have no doubt that you’ll be successful too! Not just because you’ve been treated unfairly, poorly, unprofessionally and in an unethical manner, but also because if it gets to the tribunal the odds are squarely in your favour before you even state your case.
Cate, please be aware that quite a number of businesses & high profilers in the same area of REMAX PROPERTY ASSOCIATES are aware of your situation & the goings on – hopefully they can band together to show REMAX how they feel about this process too xx Trust me, it’s not good x
I’ll bet this is the land lord wanting the property back for reasons they are not prepared to share- Maybe they want to sell the property or are wanting to put the rent up or wanting to move themselves or a friend in. This is probably their way around giving you a fair notice period.
We have been in similar situations. As a renter, you are at the mercy of people who are in it for the money and forget they are dealing with real people and real lives. It really, really sucks. I’m sure some good will come from this- Hang in there.
Haven’t Re/Max read the appropriate guidelines???
When a lessor/agent gives a notice to leave
The minimum notice period a lessor/agent must give a tenant if they want them to leave when giving a notice to leave (form 12) is:
seven (7) days for unremedied rent arrears
14 days for an unremedied breach
seven (7) days for non-compliance with a tribunal order
the same day for non-livability
two (2) months for compulsory acquisition
four (4) weeks for a sale contract signed when the tenants are on a periodic agreement
two (2) months without grounds (no reason) under a periodic agreement
two (2) months or the end of the term (whichever is later) without grounds under a fixed term agreement.
Cate, you have a rental arrears THAT WAS BEING REMEDIED. Haul their butts to the tribunal.
Whatever happened to basic human decency?
The REIQ does not handle complaints in QLD. It is the Office Of Fair Trading.
I am working on some ideas to see what I can come up with.
That really really sucks. I hope it’s resolved in your favour soon. I can’t offer any help/advice but I’m thinking of you and sending good vibes.
Ang xx
This is horrible. I am so, so…angry…such injustice. What horrible people! I will definitely be writing to them. This has to be some sort of breach of the law. Criminal or at least civil negligence!
Someone mentioned that sometimes Karma doesn’t work but sometimes it works in unexpected ways. Just look how many people are up in arms about this issue. As horrible as it is now I hope that Cate, Rick, their family and Project 18 come out of this in a much better position. Hang in there guys….there are nice people in the world and they’re trying to help you. You’re not alone.
I have contacted the Exec management at REMAX, also Today tonight, ACA and Sunrise.
What REMAX fails to understand is that an agreement, whether verbal or written (as in a payment arrangement for arrears) once entered into is legally binding. Also, that if a paid representative of REMAX has made that agreement then it is between REMAX and you. Not that staff member and you. therefore, their change of staff cannot undo the bind. Unless you breach that arrangement it still stands lawfully.
AND as someone above said….. we WILL make noise!
I was chatting to Cate tonight and she revealed to me some of the truly horrible responses that one particular individual has been posting to this blog.
Then, I was telling my husband about them and discussing whether or not Cate should allow them to see the light of day by publishing them here. this is what he said:
“Cate should publish all of the comments both good and bad because it keeps it real. It shows people just how difficult it is to get something like Project 18 off the ground. How what is shown in public isn’t necessarily all there is to these things. People need to see all of the negativity that those who are trying help others receive and face everyday. It is great to post it all here on public record so that one day, you can read back through it all, once those Orangutans have a home to go to and those little kids have a smile on their faces, and you will be able to turn to those people and say that you did it DESPITE them.
You stick to your guns Cate. There is nothing to be ashamed of, to feel guilty of or to feel downtrodden about. There is a WEALTH of people here who are supporting you, and believe in you and Rick and your family and know that somehow, you will get through it all, and come out having made your mark on the world in a wonderful, positive way”.
hmmmm, I do love my hubby.
tan.x.
Cate Reply:
November 11th, 2009 at 9:24 pm
The world is full of hateful people. I won’t be publishing these types of comments to the blog for two reasons a) they are factually incorrect and b) they will incite people to react aggressively and that’s not what I am about.
If people want to use their real names and email addresses to post comments that are factually correct, non-defamatory, void of foul language and constructive to the debate then I’m all for that but spamming the blog in different names with the same IP address and bogus email addresses really just proves what sort of people we are dealing with.
My final comment is that I find it incredibly difficult to believe that someone who doesn’t have any direct interest in this situation would take the time to go on like a pork chop in the way this person has – you can take from that what you will.
I’m closing comments on this post so that I can get on with doing what I am here to do.