Article October 3, 2005 Issue

'FATHER, YOU ARE IN CHARGE'

Beverly Goldsmith

AUSTRALIANS PRIDE themselves on giving everyone in their country a "fair go." They applaud honesty and are passionate about upholding what is right and proper. Sometimes, though, sentiment doesn't match action. Each night on a popular TV program, there are interviews with people who have lost their homes or been financially ruined through someone else's mistakes or unscrupulous behavior. These innocent victims often do not receive assistance or compensation. Their situations are rarely resolved.

I know what it's like to experience this kind of injustice. At one time, my husband and I were living in Adelaide, South Australia, when he obtained a teaching position in Brisbane, Queensland. We put our house up for sale with a reputable real estate agency and moved in with my mother. Several weeks later, a couple signed a cash contract and paid a deposit. While waiting for the settlement date, we traveled to Brisbane to inspect properties.

Shortly after we arrived, the real estate agent in Adelaide informed us that he had let the couple move into our home. They'd convinced him that I had given them permission to do so. We couldn't believe that he hadn't checked with us first. We told him that they must leave immediately. He reported back that the couple had offered to pay rent until settlement day and he had collected two weeks' rent from them. On settlement day when they failed to purchase our home, we consulted a lawyer about having them evicted. He said it couldn't be done. Accepting rent from them had created a tenancy agreement.