Property Management Specialists
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Square Investments
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Square Advocacy
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Square Hope
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0414 893 885
Nicoles Story
Nicole, a landlord who had the intention of moving back into her property, encountered a challenging situation when her tenant refused to vacate and ceased rent payments starting from August 2022. As the situation escalated, Nicole found herself in distress when the agent responsible for managing the property decided to terminate their services, leaving her to confront the mess that the agent was unable to handle.
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In her desperation to reclaim her home, Nicole sought assistance from A Current Affair, who decided to shed light on the shocking state of the property. However, matters took a devastating turn when, on the 15th of May 2023, Nicole finally regained possession of her house, only to discover that it had been tragically burned to the ground.
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During this difficult time, the team at Square Investments Real Estate stepped in to extend a helping hand to Nicole, offering their support and guidance as she navigated through this unfortunate ordeal.
What happened?
In June 2022 Nicole asked her then managing agent to issue a Notice to Vacate so she could move into her home. The notice was issued electronically. The renter chose not to vacate and the agent made application to VCAT to gain possession of the property. In August 2022 VCAT ruled the notice was invalid as the renter hadn't given electronic consent to issue the notice by E-mail.
Timeline of events
2017
The tenancy commenced.
Single mum with two young children
June 2022
Former agent issues Notice to Vacate under Section 91ZZA RTA to vacate by August 2022. Renter fails to vacate. Application made to VCAT for Possession.
August 2022
VCAT rule the notice is invalid as the renter hasn''t consented to electronic consent back in 2017.
What happened next?
Nicole was devastated and homeless. She had no where to live. Her personal possessions were in storage and she moved into a motel. How could VCAT side with the renter over a technicality? Should the agent have known this before issuing the notice to vacate?
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The situation was about to get worse. The renter stopped paying rent. Rent was paid to the 16th August 2022 and remains unpaid to this day. In December 2022, Nicole asked her agent what was being done about the rental arrears and getting her house back? Nothing was being done! In December 2022 a notice to vacate for rent being more than 14 days was finally issued. No application was made to VCAT seeking Possession.
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The property manager left the agency at the start of 2023. In February 2023, the agency terminated the management of the tenancy leaving Nicole on her own, without a home and a renter who hasn't paid rent since August 2022.
Timeline of events
December 2022
Agent issues notice to vacate for rental arrears.
No application made to VCAT seeking Possession
January 2023
Property Manager leaves the real estate agency
February 2023
Real estate agency sacks Nicole as a client and advises Residential Tenancy Bond Authority Nicole is managing the tenancy now.
A Current Affair
29 March 2023
With no where to turn, Nicole went to A Current Affair to share her story. Journalist Georgia Westgarth met Nicole at her property and was shocked when she heard her story. ACA aired the story on 29 March 2023.
Homeowner has nowhere to live while tenant refuses to pay rent | A Current Affair
How Square Investments helped
When the team at Square Investments Real Estate Property Managers saw the ACA special, we were devastated for Nicole and reached out to her. We knew we wanted to help but more importantly, knew we could help Nicole. The team spoke with Nicole who advised she had reached out to other agents to manage the property. She was asked to pay $1,000 upfront plus exclusive rights to sell her property, then the agents would manage the property for her.
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Square Investments Real Estate took Nicole on as a client Pro Bono.
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Our role was to gain Possession of the property but first we needed to gain the trust of Nicole. Square PM had to start the process again and thanks to the former agent, there wasn't much to go on. This is what our team did in 3 short weeks to gain Possession back for Nicole.
Timeline of events
April 2023
Square Investments Real Estate Property Managers officially represent Nicole Pro Bono
April 2023
File collected from former agent with very little information provided.
Notice to Vacate issued to renter - S 91ZZA - Landlord to move into property
Notice to Vacate issued to renter - S 91ZM - Rent arrears owing
May 2023
Property inspected and has been trashed.
Application made 5 May 2023 to VCAT for abandonment
The Inspection
The inspection was conducted 5th May 2023. The property was found open and trashed. Blood on walls, human faecal matter splattered over walls, knives on the floors. It was scary and we didn't feel safe.
The Fire....
On the 8th May 7.45am, Victoria Police contact Square Investments Real Estate to advise the property has been burned down. VicPol treat the sire as suspicious. Our team arrive shortly after and provide photos from 3 days earlier including evidence of a red jerry can sitting on the front veranda - this is believed to be where the fire started.
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The property has been gutted. Barely recognisable. Nicole arrives to see her home burnt to the ground. Nicole is now homeless and out of pocket almost $70,000 from expenses and arrears.
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A timeline of the entire tenancy and actions to date of all parties involved are provided to police whilst Nicole works with insurance companies, Victoria Police, CFA and local council to secure the site from trespassers.
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Our team is devastated for Nicole and focuses on the upcoming VCAT hearing for possession.
Timeline of events
5am (approx)
8 May 2023
The property is on fire.
CFA and Victoria Police arrive. It takes time to put the fire out.
7.45am
8 May 2023
Victoria Police contact Square Investments Real Estate to advise the property has burnt down. Nicole is informed. She is devastated.
9am
8 May 2023
Team Square arrive at the property. There's little left.
It's raining and the thick smell of burnt wood fills the air.
Victoria Police, CFA and the local council work quickly to secure the site.
Nicole arrives. Very emotional to see her property gone.
Nicole is now homeless.
The VCAT Hearing
On the 12th May 2023, 7 days after the inspection, VCAT awarded Nicole Possession of her property.
The VCAT Member asks a significant question during the hearing "Why has it taken so long to address this matter?" That is the question the former managing agency needs to answer.
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Rent remains paid to 16th August 2022. Nicole is owed $11,516.26.
VCAT directs the Residential Tenancy Bonds Authority to pay $1775.00 to Nicole.
Timeline of events
5 May 2023
Property inspected by Square Investments Real Estate and application to VCAT made for Abandonment.
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8 May 2023
7.45am, Victoria Police contact Square Investments to advise the property has burned down and they are treating it as suspicious.
12 May 2023
VCAT terminate the tenancy and grant Possession to Nicole after 7 long months of waiting.
Nicole is officially homeless
A Current Affair
24 May 2023
Journalist Georgia Westgarth, Nicole and Jason from Square Investments Real Estate meet to update Australia about Nicole's fury. Thank you ACA for sharing Nicole's story.
Landlord's home goes up in flames right before reclaiming it from squatters | A Current Affair
A message from Square
Nicole's story is truly heart breaking but sadly is not unique.
We invite landlords who are looking for strong agent representation to reach out and come belong with the team at Square Investments.
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Let us help you like we helped Nicole.
Looking to change agents to help with your property?
Square Investments Real Estate
Property Managers
0414 893 885
@SIREPM