WA Bullied by nasty Real Estate agent

[fedor]

I have been threaten with defamation by a real estate agent. I live next door to rental property managed by them. I approached them with a complaint that the occupants have been lighting fires and smoking out neighboring residents every single night. Council rangers who have tried to attend property were abused and refused entry.

Basically there is group of anti-social drug addicts living there that have been terrorizing whole neighborhood. I am not the only residents having issues with this group of people. There was another house on same street where exact same thing happened. Constant nuisance behavior and drug activity, police raids and even meth lab explosions. One elderly man in street has violence restraining order against these peoples after being threatened. There is even local news report published I can link in regards to all these matters.

I thought real estate agent might be some help. They were completely adversarial and disingenuous. Did not want to hear me out and have my say on matter. I thought mentioning Council staff being abused by his tenants might turn him around, but didn't care in slightest. I was quite taken back and shocked real estate would want tenants like this but they are vehement defenders of them.

So to the defamations accusation, I allegedly sent email, saying in essence 'i should not have to worry if i leave my home, will it be safe because from the dangerous drug addicts next door. this is exact situation myself and many other residents face because of such and such person'. The other comments were in relation to the realty company 'i will make sure everyone associates such and such realty with dangerous drug addict renters. first stop is letting owner know their investment is being filled by problematic group of drug addicts that are a nightmare to council and community.'

It was sent directly to the one person claiming defamation and CC'd to other peoples email addresses associated with real estate agency. No one outside of this real estate agency was sent this correspondence. My stance is complaint about Real Estate agency to Real Estate agency and all correspondence were fair comment and true.

I'm happy to share exact email and letter I received from their lawyer. Their letter has no specifics over exactly what they claim defamatory and it has no time limit for response.

They are asking for retraction and apology, my concern they are trying to trick me to apologise then use this against me? If it kills their action I will do it. But I would also like to remind them of my right to speak truthfully about their real estate agency at same time.

 

[Rod]

1. If they have 10 or more employees they cannot sue for defamation.
2. An apology cannot be used against you as an admission of guilt.

'i will make sure everyone associates such and such realty with dangerous drug addict renters.

This may be considered defamatory if other conditions are met (see 1 above) and the CC was to non-employees.

You can come up with better wording, especially if you do not know if the owner already knows and just doesn't care. Could be an overseas investor with zero concern for what happens in Australia. It may be that the renters pay above market rates. Doubt drug dealers have a cash flow problem.

And it is not really up to the real estate agency to manage this behaviour. It is the council and the police and to some extent the owner's responsibility. You can also take the owner to court for disturbing the quiet enjoyment of your own home, but only if you have given fair notice to him/her (via their agent).

 

[fedor]

1. If they have 10 or more employees they cannot sue for defamation.
2. An apology cannot be used against you as an admission of guilt.



This may be considered defamatory if other conditions are met (see 1 above) and the CC was to non-employees.

You can come up with better wording, especially if you do not know if the owner already knows and just doesn't care. Could be an overseas investor with zero concern for what happens in Australia. It may be that the renters pay above market rates. Doubt drug dealers have a cash flow problem.

And it is not really up to the real estate agency to manage this behaviour. It is the council and the police and to some extent the owner's responsibility. You can also take the owner to court for disturbing the quiet enjoyment of your own home, but only if you have given fair notice to him/her (via their agent).

Going by their website they list 11 customer facing employees, so over 10 including non-customer facing employees. And all CC was to employees. But their letter says it is defamation of person not the business as such.

Yeah I know I word poorly in moment of frustration. The council have been ineffective so far. Biggest problem they insist on seeing fire/smoke first hand and incidents happen at night. The real estate agent has control over them via the tenancy act if he gave a bugger. He has actively help them avoid council intervention. The council asked agent to escort because earlier visit they were abused and refused entry. But this joker has let them know, so obviously when they have prior notice they get rid of evidence of their fires, piles of empty grog cans, stolen shopping trolleys, etc.

email and response

imgur.com/2A6Xul7

imgur.com/ZvFvXPU

 

[Rod]

I'd be giving an apology to 'A'. Having his name along with the other paragraphs means his name can be linked by association.

re: Business. The lawyer was careful, he didn't say you defamed the business. He also didn't ask for an apology re:business, probably because your email didn't go to anyone outside the business. You need to be careful as while defamation is not available to them, injurious falsehood is.

I don't know if you have publicly threatened their business. Just from your letter you haven't but I don't know what else you have said to others. Keep strictly to the facts and you'll be OK.

And keep your own records of what is happening. Video evidence is ideal for both the council and police. Don't do audio only as the location and parties are not identifiable.

It sucks having an agent who cares so little about the neighbourhood. Pressure via the police and council and the owner. Write the letter to the owner and send it via the agent advising them of your inability to have the quiet enjoyment of your home and that they will be vicariously liable for the actions of their tenants if they fail to act. Put them on notice. Possibly have a lawyer draft up a letter. See if you can have the agent held as vicariously liable as well because they are managing the property. Not sure you can, particularly if they pass on your concerns and are waiting on instructions from the owner, but worth asking the question. The agent may become liable IF they refuse to pass your letter onto the owner and can be reported to the REIWA for failing to act in the best interest of their client (owner). Doubt they will refuse to send on your letter but you never know.

 

[fedor]

I have question about the letter emailed by lawyer, is this letter an actual 'concern notice'? Or just a letter that can be ignored.

"fails to particularise the imputations of concern adequately" Also seems suspicious they only have email address and first name and delivered via email.

 

[Rod]

It probably doesn't satisfy the criteria needed for a concerns notice but all you achieve is a delay while they fix their letter. If you want to aggravate them you can write back and ask them for better particulars.

Delivery via email is fine, and they'll fix the name issue if things go further. They may not know your last name atm, but feel sure they can fix this problem when/if they get serious.

 

[fedor]

Yeah, nah I wasnt wanting to play silly buggers over getting correct form. Just if they are not actually doing it and its letter with no power, just ignoring and letting sleeping dogs.

I spend day talking with old pensioner and his wife who have violence restraining order against this real estates agents tenants. He is old man and these 'people' are threaten to bash him, burn his house down and do things to his family. They fought this real estate agent for 5 months to get them removed because of anti-social and criminal behavior. This real estate agent moved them from one side of these old people to the other side and next to me now after the first house condemned and bulldozed. Its really weird, its like he gets off putting these poor old people, trying live in peace through hell with horrible people. Now he put them next door to me I'm in similar situation.

At least they gave me a bunch of documentation including court and police documentation that backs me alot. So if does be a real mongrel against me there is literally boxes info supporting my side.

 

[fedor]

Actually I think f**k it, i would give away every cent i had to tell truth about this man.

This guy is piece of s**t.

I know for a fact same group of anti-social deadheads and specifically one violent man threaten elderly people, to burn down their houses. For 5 months this went on until the house was condemned. This spiteful real estate agent put this exact same violent man in house two doors from same old people threatened by him. Only under his female partners name. Im gonna tell EVERYONE this. He cant even put it down to victim blaming this poor old couple anymore. Im an outside source for them. No wonder I got legal letter.