Over60

Real Estate

Victory for terrorised tenants

Victory for terrorised tenants

A family who claimed their Christmas was ruined after their landlords began camping out in their backyard have had a surprising development.

Nicky and William first made headlines when they spoke out about their landlord refusing to leave the backyard of their home, claiming it left them traumatised.

However, local council have since come to the family's aid, advising the landlord their stay was no longer permissible and could result in an infringement notice.

The council told 9News that the landlord has since returned to Sydney and does not plan to repeat their cruel conduct.

The couple's fallout with their landlord Pascale Hubert and her partner began after Nicky received a shock text on Christmas night.

Ms Hubert advised the family that the couple would now be occupying the backyard.

"The text message said, 'Dear Nicky and William, I am the owner' … there was no names, no introductions, anything like that and it just said, 'as of tonight I will be occupying the rear yard'," Nicky told A Current Affair at the time.

The couple soon found Ms Hubert and her partner near the rear end of the property with a camp set up.

Nicky and William said the campsite at the back of the property had a shed, however there was no running water or toilet.

It left the couple wondering where exactly they were leaving their bodily waste.

"I noticed they've got a bucket, been doing poos and wees in the bucket. It's disgusting," William said.

Nicky and William also claimed the landlord's partner was aggressive and that they had filmed the family in their own home.

Not only that, but the couple claim their trampoline was dragged out of the backyard, and reinforcements were put in place when the couple tried to ask for help.

Police had no idea how to handle the situation, and even the real estate agent managing over the property was stunned when they heard of the backyard bust up.

Funnily enough, the backyard is not part of the lease, but it is all on the one title.

"They can actually stay on the property in a tent for two days at a time, so they're allowed to stay here in the backyard for two days at a time but no more than 60 days in a 12-month period," Nicky said.

In a statement to A Current Affair Clarence Valley Council said: "They were advised that occupying the property for longer than is permissible may result in Council issuing an infringement notice."

"Mrs. Hubert contacted us immediately on receipt of the letter to advise she was unaware of the regulation and apologised for staying longer than permissible."

The couple's lease ends in April and they're now looking for a new place to live.

The full statement from Laura Black, the Acting General Manager of Clarence Valley Council, as provided by Nine News reads:

“On Thursday 7 January we issued advice to the property owner of ... Clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, which states that

'The prior approval of the council is not required for: (a) the installation of not more than 2 caravans, campervans or tents on any land, so long as they are not occupied for more than 2 days at a time and are not occupied for more than 60 days (in total) in any single period of 12 months'.

“They were advised that occupying the property for longer than is permissible may result in Council issuing an infringement notice.

“Mrs Hubert contacted us immediately on receipt of the letter to advise she was unaware of the Regulation and apologised for staying longer than permissible. She and her husband had by then returned to Sydney and do not plan to return and repeat offend.

“We also advised the tenants of ... of the action taken.

“We will work together with local real estate agents to help them to better understand the rules around camping on private property. The attached fact sheet with more information is available to the community on our website.”