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DHCS Housing – Do they have a duty of care?

By SoDumbItHurts 30 April 2010 31

As a tenant of housing  I am curious do they have a duty of care as landlords to their tenants.  If a tennant is a constant victim of verbal and physical abuse, that has escalated from AVO’s to now criminal charge, and I will add with the area managers full knowledge, does the department have a duty to the tenant that is the victim.

If not why?

They are still regardless of being a department,  still renting out a property which requires us as tenants to abide by codes and regulations. 

What makes them exempt?


What’s Your opinion?


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31 Responses to
DHCS Housing – Do they have a duty of care?
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One 1:59 pm 06 May 10

PS: DHCS use the exucse of WE CANT UNDER STAND

DHCS only accept approved legal forms filled in by a professional (costing many $$$ – they use it as a bar to refuse doing anything even when saying they are looking into things)

The only thing DHCS looks at is how to remove its liability and how they could claim that your a nut

One 1:56 pm 06 May 10

Been there and done that too. Seems all people must attend one of the Union staffed shop fronts and get the letter stamped as being recived.

There is http://www.acat.act.gov.au – but I would advise getting a legal eagle as even ACAT order that tenants be exposed to violent drunken assaults funded by the landlord

cleo 1:50 am 06 May 10

One

I know DHCS lie, as I’ve been on the other, eg; regarding a letter my daughter and myself sent to Maureen Sheehan, she never recieved it, as I spoke to a “Rhonda” she said the letter was in the file and had not been passed on, she also told me it was serious, of course I ran housing again, they denied ever having the letter or that a Rhonda ever worked there, I will expose them.

One 4:53 pm 05 May 10

All I can say is Get legal advise if unsure – I know I am screwed and will be homeless because of DHCS policy and drunks

How to avoid tenant report of assault for a pay rise 101:

Get assaulted by a ‘drunk’ that is able to block access and make voilent threats

DHCS will then assist you in getting a bit of paper that only says that YOUR moving out on the STANDARD TRANSFER LIST because DHCS likes drunks for the good it does the public (only 20 years wait – aka never)

Nothing about how they let ‘drunks’ block the access way while drinking execive amounts of grog on the grog shops account

Then because of you being assaulted once you will then be the target of further assaults simply because you made a complaint to DHCS

DHCS will say they put you on the HIGH NEEDS TRANSFER list (only 10 years of continued assaults with each drunk taking a turn – some even get food to help buy more grog)

To aid in failure of reporting true condition of the property as a getto – the inspection changes to a PRE VACATION where ONLY the DHCS OFFICER CAN REPORT ISSUES (aka they write you a bill)

This allows the DHCS officers to avoid reporting the preventing of access or fault causing undew interfearences to access

2 years later DHCS officers will then attempt to get a STANDARD INSPECTION

Even going as far to say that you have prevented INSPECTION while knowing the bastard act they just pulled to avoid liability

One 4:38 pm 05 May 10

“Extortion means forcing someone to do something, usually give up something valuable under threats of injury, death or other illegal harm. Blackmail means specifically obtaining something of value under the threat to disclose something shameful or disreputable about a person. This can be true even if it would not have been illegal to simply make the reputation-damaging information public”

(Source: freeadvise dot com)

One 4:31 pm 05 May 10

CT, think thats it.. its worse than that – Secret payments are made to select people who distribute the funding though groups of violent druggies for amounts up to $1k after dobbing in others that dont pay up a ransom or play the game needed for protection

Helps keeps the peace

Like grog shops that sell grog on account to people who cant even walk to the shop because they are intoxicated

One 2:03 am 05 May 10

oh wise one.. lol

far from

wise people are not dead

One 1:57 am 05 May 10

PS: When was the last time a drunk attempted to kill you? Did you take care not to harm the drunk becaues your required to do so by ACT Government laws? How about after being kicked in the head?

Good thing drunks are educated to SAY – oh i may be intoxicated

AFP media – “Its not your fault mate”

One 1:48 am 05 May 10

dare2dream said :

Oh wise One – ‘the landlord taking secret bribes/plus staff who get paid for making complaints go away…’

Are you suggesting corruption?

Does the term of “Secret donations” answer your questions.

Parties accept donations
Ministers have membership in parties
Ministers write regulation and set payrises for lack of bad news
officers enforce and enable regulation compliance of looking the other way

Then tack on the point where some in the community are able to act as reporters to authorities for secret payments while the same community members are assaulting and evicting people from tenancies.

dare2dream 6:57 pm 03 May 10

Oh wise One – ‘the landlord taking secret bribes/plus staff who get paid for making complaints go away…’

Are you suggesting corruption?

CraigT 5:28 pm 01 May 10

Further to what “One” has to say – recall that Ian Hirst eventually struck back at the violent druggies that used to plague his area of public housing and did the cops thank him for removinga junkie scuzz-bucket from society?
Nope. They tried to do Ian for murder.
And failed.

It seems if you’re a criminal scuzz-bucket the government will bend over backwards in every conceivable way to prevent anybody from impinging on your “right” to lead a life of crime.

One 10:52 am 01 May 10

PS: Suggest looking at clause 50

The landlord causes…

And compair with

The landlord taking secret bribes

Plus staff who get paid for making complaints go away…

One 10:33 am 01 May 10

No point in talking the DHCS Housing.

In 2006 I had my life impeared by a Drunk Tenant that DHCS permitted to drink and be voilent within the access way to my tenancy

In 2008 – after repeated assaults the Department of Housing, ACT Human Rights, and the Discrimination commissioner took court action to prevent future complaints against members of a community room that the landlord funds.

From 2006 to 2010 the same group with landlord funding still attempt assaults with aid of the police who attend but never arrest drunks in public.

Other tenancies and lives have been destroyed by the Stanhope Social Policy of deferal, denyal, and outright lies (I am One of many X $$$$ – would be very interested in class action if anyone is considering such).

Ask your self when was the last time the ACT Government paid out for neglect by its landlord which resulted in death, impairment, or injury?

Amazing what a secret donation does for people that hide behind 247 security for wonders that write laws without them selves being bashed

2604 10:50 pm 30 Apr 10

taninaus said :

there are 2 issues here:
– Does DHCS owe the OP a duty of care because they are getting harrassed by a neighbour – not really – the impact of the other persons behaviour on the tenant is not their business.

With respect, I disagree. A “duty of care” in the legal sense arises if OP is so directly affected by DHCS’ course of action that DHCS ought to have OP’s situation in mind when DHCS is contemplating that course of action.

Here, the course of action is allocating OP to a dwelling. Placing OP next to his/her violent neighbour or persisting in allowing that neighbour to live next to OP – thereby placing OP in danger – would seem to be a pretty clear breach of that duty of care, to me. The AVO and criminal charge should be sufficient proof of that danger to negate any arguments of remoteness.

cleo 9:15 pm 30 Apr 10

Ring up complaints and if this does not work write a letter quoting the Disruptive Behaviour Policy, good luck

cleo 9:13 pm 30 Apr 10

sodumbithurts

Hi look up DHCS housing = DISRUPTIVE BEHAVIOUR POLICY, it covers all.

Eby 5:44 pm 30 Apr 10

I would recommend giving the ACT Human Rights Commission a call, which takes complaints from service users. They might be able to follow this up on your behalf and get some movement.

Their phone number is 6205 2222.

Good luck!

JC 4:29 pm 30 Apr 10

DissolutionedHack said :

Inappropriate said :

If my neighbour has a problem with me, it’s not my landlord’s responsibility to resolve.

Thats not right. Under the Tenancy agreement it is understood that:

The tenant has an obligation under the
agreement not to:
• use or allow the property to be used for an illegal
purpose;
• cause or allow nuisance;
• interfere with the quiet enjoyment of neighbours;

breaching these obligations in the agreement gives cause for the landlord issue notice:

A lessor can issue the tenant with a Notice to Vacate if:
• the tenant has breached any term or condition of the residential tenancy
agreement, other than non-payment of rent;.

Whether or not DHCS wants to do this or not is another issue…

You are of course assuming that BOTH tenants are renting govies. If the one causing problems isn’t then of course the tenant obligations don’t apply as the one causing the trouble isn’t a tenant.

DissolutionedHack 4:22 pm 30 Apr 10

Mike Crowther said :

This would be the same department that took over ten years to evict one David Harold Eastman from his gubby residence? I wouldn’t hold my breath if I were you.

Of course not – they dont actually ever seem to go after anyone who might be trouble for them, like Eastman or a suspeced dealer or violent tenant – they seem to go for the “easy” pickings – like the elderly or infirm… rather annoying and unjust…

Mike Crowther 4:05 pm 30 Apr 10

This would be the same department that took over ten years to evict one David Harold Eastman from his gubby residence? I wouldn’t hold my breath if I were you.

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