Dispute with Landlord
I'm living inside a residential premise where the landlord claims that my tenancy situation is a form of flatting therefore I'm not protected by the Residential Tenancy Act.There are seven room in the house and 6 tenants are currently renting rooms other than the landlord who occupies one of the room in the house.
Alot of dodgy stuff is going around this house.
When we first moved in on the 24 of September 2014 the landlord showed us around the house.Saw a dog outside and Landlord said the dog is kept outside.
My partner has a condition where shes has a allergic reaction to dog hair.We both sign a tenancy agreement which says there is no use of the oven.We paid two weeks bond.After a Month the landlord started bringing in her pet dog lying and running around inside the house.Sitting on the common shared couch with dog hair everywhere.Now the other tenants are reluctant on using the lounge area to relax or watch tv when they want to.She has an untrained dog which can be very disturbing when you come into contact with her.She can be aggressive that one day the dog jump on my partner and scratched her on the thigh and arm.
5 months after our stay,the landlord started setting up all these gas burners and gas bottle stack of plastic container and hot water bottle inside the communal lounge where she would be cooking bubble teas to sell at the night market.Not only it took half of the communal lounge space but there was no fume hood to vent out the toxic gasses her gas burner would produce.The landlord would continue operating her business 4 days a week from Thursday to Sunday.While she's working on preparing her tea for the Market I among other tenants would find it very inconvenient to use the kitchen or the lounge as their equipment are all over the place.The other tenants would complain to each other behind the landlord's back,but I had enough of this crap and decided to complain to the Landlord directly.I told her what I've mentioned above, 3 days later the landlords hand me a retaliatory eviction notice asking me to vacate the room in 14days.
I read the RTA 1986 and surprise to see alot of things thats been happening that were wrong and unlawful.Then I approached Tenancy service filed an application for a Tribunal hearing.Between those 14days she keeps harassing me with reminder of the eviction notice.After the 14day notice I was surprise to hear a loud knock on my door.When opened I saw two cops at the door asking me why I'm not making any effort to move as I'm already evicted by the landlord.
I'd asked them if they've got a court order to force me out and they stood silent,then I continued to explained that the notice by the landlord according to the RTA is unlawful.Lucky I've already received a letter from TEnancy tribunal notifying me of the hearing set for the 3rd of this Month which is 2 days from now.
This to me is continuous harassment and a violation of quiet enjoyment which I will seek compensation for the damages done.To my understanding this residential premise is a boarding home which is covered under the RTA 1986.
However the Landlord is stubbornly confident that I'm not covered under the Residential Tenancy Act because I'm only flatting.
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