LJ Hooker Coolangatta Tweed Brett Gleeson, Jacqueline Dean, Peter Walmsley, Lee Oudenryn Unlawful Conduct - Property Lease Coolangatta Queensland

BACKGROUND

My wife and I, both pensioners, rented the property situated at unit 3, 14-16 Frances Street, Tweed Heads, NSW 2485, Australia from the landlord, Lee Oudenryn, for a total period of 3,5 years commencing 24 May 2018. Lee Oudenryn, the landlord, was a New South Wales police officer, working in Broken Hill, New South Wales, Australia (Image A). Lee Oudenryn appointed Ray White GCSN Asset Management (Ray White) to manage the property. We negotiated 3 tenancy agreements with Ray White:

-          May 2018 to November 2018 (6 months) with weekly rent fixed at $450.

-          November 2018 to November 2019 (12 months) with weekly rent fixed at $450.

-          November 2019 to November 2021 (24 months) with weekly rent fixed at $450.

I confirmed, and re-confirmed, with Ray White that the weekly rent was fixed for the full term of the agreement. Otherwise, I would not have concluded the agreement. Ray White confirmed, and re-confirmed, that the weekly rent was fixed at $450. Accordingly, Ray White recorded the agreed $450 fixed rent for 24 months in in the agreement (Image B). Ray White also recorded the fixed rent, with no rent increases, in its internal records. Accordingly, we paid the agreed weekly rent, without fail.

It appears that all parties were happy with the tenancy arrangement. The Ray White representatives, who performed routine property inspections, frequently complimented and thanked the tenants for looking after the property. The Landlord appeared to be happy with the arrangement as he twice renewed the lease agreement and increased the period of the lease (from 6 months to 12 months and then to 24 months). Similarly, the tenants were happy with the arrangement.

During about early 2020 Ray White changed its trading name to Real Specialists.

THE UNILATERAL RENT INCREASE

About early 2021, Lee Oudenryn, the landlord, unilaterally decided he wanted a weekly rent increase of $100. Lee Oudenryn requested Real Specialists to increase the rent. Real Specialists refused to increase the rent because the weekly rent was fixed for the term of the agreement.

Lee Oudenryn was adamant that he wanted to increase the weekly rent of the property. When he did not get his way with Real Specialists, he terminated the services of Real Specialists.

On 23 March 2021, we received an email from Jacqueline Dean of LJ Hooker Coolangatta Tweed, advising Lee Oudenryn, the landlord, appointed LJ Hooker Coolangatta Tweed as property manager (Image C). The relevant representatives of LJ Hooker Coolangatta Tweed were Brett Gleeson (Director of Property Management), Jacqueline Dean (Property Investment Manager) and Peter Walmsley (Sales and Marketing Specialist).

On 25 March 2021, two days after the appointment of LJ Hooker Coolangatta Tweed, Jacqueline Dean served the tenants with a Rent Increase Notice of $100 per week effective from 25 May 2021, increasing the weekly rent to $550 from $450, an increase of 22,2% (Image D).

On 1 April 2021, Jacqueline Dean of LJ Hooker Coolangatta Tweed served the tenants with a revised Rent Increase Notice of $550 per week, effective from 1 June 2021. Neither Jacqueline Dean, nor Brett Gleeson nor Peter Walmsley of LJ Hooker Coolangatta Tweed, ever explained to the tenants the reasons for serving the revised Rent Increase Notice (Image E).

We advised Jacqueline Dean of LJ Hooker Coolangatta Tweed of our agreement with Real Specialists that our weekly rent was fixed at $450 for the duration of the agreement. Jacqueline Dean of LJ Hooker Coolangatta Tweed and Lee Oudenryn, the landlord, refused to honour the agreement and persisted with the unlawful rent increase.

Consequently, on 1 April 2021, the tenants filed an application with the New South Wales Civil and Administrative Tribunal (NCAT) to quash the Rent Increase Notice (application file reference RT 21/15372). NCAT set the hearing for 6 May 2021.

THE UNLAWFUL CONDUCT AND THE LIES

On 14 April 2021, Jacqueline Dean of LJ Hooker Coolangatta Tweed advised the tenants that NCAT could not hear our application because Lee Oudenryn, the landlord, (allegedly) resided in Queensland, Australia (Image F).

At the telephonic NCAT hearing on 6 May 2021, Brett Gleeson and Jacqueline Dean of LJ Hooker Coolangatta Tweed represented Lee Oudenryn, the landlord. NCAT declined to hear the application, because Lee Oudenryn, the landlord, (allegedly) did not reside in New South Wales but, (allegedly) resided in another state, Queensland (Image G).

Nevertheless, during the telephonic hearing on 6 May 2021, NCAT attempted to facilitate a settlement between the parties. During the discussion Brett Gleeson said that the $100 per week rent increase was not negotiable however, Lee Oudenryn, the landlord, was prepared to release the tenants from the lease agreement, without penalty. The proposal was not acceptable for the tenants.

Consequently, the tenants had to apply to the Tweed Heads Local Court to apply for permission to transfer the application from NCAT to the Court. The transfer to the Local Court delayed proceedings by months. The tenants filed its summons in the Tweed Heads Local Court on 10 May 2021.

On 6 May 2021, after the NCAT hearing, the tenants received an email from Jacqueline Dean wherein she repeated the offer that the tenants could terminate the lease early, without incurring a penalty (Image H).

It is a requirement of the Local Court that a summons be served on the respondent personally. The tenants again requested the address of Lee Oudenryn from Jacqueline Dean. The tenants received an email from Jacqueline Dean on 12 May 2021, alleging that Lee Oudenryn, the landlord, had no fixed address and he was apparently travelling around Australia (Image I).

It became apparent that the email received from Jacqueline Dean of LJ Hooker Coolangatta Tweed on 14 April 2021 (when she alleged that Lee Oudenryn, the landlord, does not reside in New South Wales and that NCAT therefore could not decide our application) was dishonest. Consequently, the conduct of Jacqueline Dean was misleading and deceptive, unconscionable, dishonest and unprofessional, which conduct violated the Code of Conduct per the Property and Stock Agents Regulation 2014 (NSW).

On 5 October 2021, Brett Gleeson confirmed in an email that Lee Oudenryn, the landlord, resides in New South Wales (Image J).

It is apparent that Jacqueline Dean and Brett Gleeson of LJ Hooker Coolangatta Tweed as well as Lee Oudenryn, the landlord, were dishonest about the residential address of Lee Oudenryn and consequently, Brett Gleeson, Jacqueline Dean, LJ Hooker Coolangatta Tweed and Lee Oudenryn misled NCAT when they persuaded it to decline to hear our application.

THE HUMILIATION IN COURT

The application to quash the Rent Increase Notice, case number 2020/00134123, was finally heard in the Tweed Heads Local Court on 14 July 2021. Jacqueline Dean of LJ Hooker Coolangatta Tweed represented Lee Oudenryn, the landlord. Towards the end of her presentation to the Magistrate, she was winding-up to deliver the final knock-out blow to crush the recalcitrant tenants; her face lit up, stars appeared in her eyes and then she uttered words to the effect “Your honour, my director, Brett Gleeson, personally valued the property to be rented at $550 to $600 per week”. Jacqueline Dean had high expectations that the Magistrate was going to roll over at her (what she must have believed was) earth shattering revelation to the Court.

During his judgment, the Magistrate looked directly at Jacqueline Dean and said words to the effect “I considered the valuation by your director … I point out that there is a disclaimer below the signature”. Amongst other things the disclaimer reads “This estimate has been prepared solely for the information of the requesting party only………This information is an opinion only……..We are not licensed valuers………The Real Estate Agent, their directors…….do not give any warranty as to the accuracy of the estimate, nor do they accept any responsibility arising in any way, including negligence, from the estimate…….” (Image K).

The Magistrate accepted our evidence and arguments, rejected the evidence and arguments advanced by Jacqueline Dean of LJ Hooker Coolangatta Tweed on behalf of Lee Oudenryn, the landlord, and effectively set aside the Rent Increase Notice. It was a humiliating defeat (Image L).

After the judgment it appeared as though Jacqueline Dean (who had no support in Court) struggled to contain her emotions.

THE REVENGE AND MORE LIES

Five (5) days after their humiliation in court, Jacqueline Dean and Brett Gleeson of LJ Hooker Coolangatta Tweed and Lee Oudenryn, the landlord, struck back and served the tenants with a termination notice (Image M). The tenants received an email from Jacqueline Dean of LJ Hooker Coolangatta Tweed on 19 July 2021, and gave the reason for termination of the lease “….The owner has requested this termination as he intends to move into the property and renovate” (Image N). It transpired to be another lie.

We vacated the property during November 2021. LJ Hooker Coolangatta Tweed advertised the property for rent at $620 per week. A new tenant moved into the property during December 2021.

We sincerely hope that this report will assist in preventing similar (in our view) unlawful, unethical, immoral and unprofessional conduct by property managers and landlords.