- This topic has 4 replies, 3 voices, and was last updated 14 years, 6 months ago by .
-
Topic
-
The question is Can an estate agent or tenant force a case in the CTTT that will use the outcomes of pending cases in criminal court. Cases which have not been seen or ruled on?
-
Replies
-
The simple answer is no – becasue you can't asume that result will go one way or the other. But the CTTT can be a strange and irrational beast and the Member or Adjudicator might feel that the fact that there a re cases pending is an indication of a real problem. It's not legal, it's not logical but it is possible.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Unfortunately the CTTT can do what they want , i have personal experience at this –
a few years ago i had a landlord that thought he could do what ever he liked and we had no say in it , cut a long story short , we took him to the CTTT to enforce our rights as tenants , ie leave us alone to live in peace
i had video recording of what he was doing and what he was saying , i could not use these as evidence , however he told the sitting member that i stole a vehicle – i asked for proof and to please have the police present to arrest me , the member then turned to my ex landlord and stated that he should have made a counter application to have us removed as PESTS as it would have been easier for the member to rule on that , WTF!!! i had a go at him and it didnt turn out so well lol ,
my point being that the sitting member did 2 very illegal and very discriminatory actions – which i got reversed on appeal ( very hard to get an appeal but the guys in Tamworth took one look and approved my appeal ( the wording was ” it appears the decision made was unfair and not legal” not exact wording but same meaning )
the first thing he did wrong was to tell the landlord how to evict us and the second was for taking into account a criminal action that had no basis nor facts around it , like i said i encouraged them to call the police and they refused – who in their right mind would refuse that lol
My Ex landlord made up the car story and was believed without any proof offered !
the member actually stated to me “why would my landlord lie” ( that is word for word ) – now how can any professional ask that question , im not qualified to answer that !
The sitting member displayed extreme bias for the landlord ( cant prove it but to this day i think they were friends )