Police contacting my landlords whilst I'm on bail and telling them of my charges.

[Loumlcat]

I'm on bail for dishonesty and centrelink fraud and my hearing is February. i am on bail and report three times a week, I have never missed reporting. At my previous home where I was arrested the police rang my Landlord and told her about the charges, bail etc and I was evicted. I had to move and then they did the same thing at my new address and I have to move. I've found a new place but am terrified that when I put in the paperwork to advise my new address (required as part of my bail) the police will ring my new landlord and ruin everything. My new home, like the others, is in a small town so my reputation will be destroyed also. I've asked legal aid but they can't help me.

 

[Scruff]

I'm not sure that the Police have any right to be doing that. What state are you in?

 

[Loumlcat]

NSW

 

[Loumlcat]

I now have to move yet again and I'm terrified that (a) they'll contact my new landlord and (b) if I don't advise them of my new address they will arrest me....it's one particular station that is being exceptionally aggressive to me. When they rang my first landlord they said the house was dirty (which was a complete lie).

 

[Scruff]

Well it all sounds pretty vexatious to me and the consequences for you are obviously severe.

I recommend that you contact the Law Enforcement Conduct Commission (LECC) and discuss the matter with them. You can find their contact details here: Contact Us — Law Enforcement Conduct Commission

 

[Loumlcat]

Thank you but what do I do in the meantime?? I have to move again next week

 

[Scruff]

With these evictions, you should have been issued a Notice of Termination each time. In that notice, the landlord needs to state under which section of the Residential Tenancies Act (RTA) they are terminating the tenancy.

Do you have one of these notices for the latest eviction? If so,

1. under what section(s) of the RTA is the tenancy being terminated?
2. what date does it state you have to give vacant possession by?

 

[Scruff]

Also,
3. what date was the notice issued?

 

[Loumlcat]

I've handled the evictions... the first house where the police rang the owner and told her it was dirty and of my charges we went to NCAT multiple times which was very stressful. I was ill and couldn't attend one hearing (had medical certificate) and it was on a day I reported and the police told my landlord that I reported that day and what time. Anyway I moved out and the place I'm now in the police rang the Landlord etc and it was just way too stressful for me to stay so i'm moving. I just can't have this happen again with the new house.....

 

[Scruff]

Well you can't stop the Police from doing what they're doing unless you lodge a formal complaint about it.

I would recommend that you don't move because if you do, it'll just happen again. If you have been issued with a Notice of Termination, then inform the landlord that you intend to challenge it at NCAT. At the very least, this will buy some time for an investigation to get underway.

It boils down to one thing - the more they do this, the more evidence you have of misconduct. So first things first - contact the LECC in the morning, see what they have to say about it and then go from there. Moving simply isn't going to stop the problem and as you already know, if you move and don't notify them of your new address, they'll obviously screw you over big time. It sounds to me like that's exactly what they want you to do. You need to speak to LECC first, then you can decide if it's better to move or not.