Sunday, June 15, 2014

Tony Abbott's daughter Frances wins legal stoush over Melbourne rental property - NEWS.com.au





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PRIME MINISTER Tony Abbott’s daughter Frances’ tenancy battle has divided Victorians, with some arguing the landlord is at fault while others say the former design student shouldn’t have signed the lease.



“If security is an issue because she is the PM’s daughter then she should have had the AFP inspect the property and its surroundings before she signed the lease. It’s fine for her to “feel like being independent” and do her own thing, but she also has to accept responsibility for her actions — not play the “I’m the PM’s daughter” card when she stuffs up,” Herald Sun reader Steve said.


“Only the PM’s daughter could win that fight. Nobody wins against landlords in the real world,” Colleen Brady said on the Herald Sun Facebook page.


The comments came in the wake of a single mum losing a legal stoush with the Prime Minister’s daughter, after Frances broke the lease at her Melbourne rental property.


A personal visit to the Prahran flat by the Prime Minister, as well as an assessment by the Australian Federal Police and Victoria Police, had led to Frances Abbott withdrawing from the agreement three days after she signed the one-year contract.


However many came to Ms Abbott’s defence, saying the landlord should’ve been more careful.


“The landlord should stop her whining. She should think herself lucky … there seems to be false advertising in relation to the property she was trying to rent out. Insufficient security is a big deal, especially considering it’s the PM’s daughter,” Julie said.



Ms Abbott cancelled the lease three days after signing for this Prahran property.


Ms Abbott cancelled the lease three days after signing for this Prahran property.



“While I feel for the landlord regarding her health, it has nothing to do with your rental. How many single mums living that close to the bone can afford a rental in Prahran? Something doesn’t add up,” “Kim Reid said.


What do you think? Join the conversation below, or on the Herald Sun Facebook page.


AFP ASSESSMENT RAISED SECURITY CONCERNS


Landlady Janine Moussi had claimed she was entitled to about $1000 — an additional month’s rent — and compensation to cover the period the property was without tenants.



Frances Abbott cited security concerns for pulling out of the agreement.


Frances Abbott cited security concerns for pulling out of the agreement.



But the Herald Sun can ­reveal Ms Abbott’s bond was returned and most of the first month’s rent after she claimed she didn’t feel secure in the inner-city flat.


Ms Moussi, who defaulted on her mortgage to cover the rent after Ms Abbott broke the lease, offered to make some ­repairs to the property, but Ms Abbott instead opted to leave the flat after discovering security restrictions forbade her from living in a ground-floor flat.


“It’s a lease break, you have to honour it, it’s the law,” Ms Moussi said.


The police assessment identified other potential problems with the property for a prime minister’s daughter, ­including windows that didn’t lock and thick shrubbery.


The police also indicated a “criminal environment” around the Prahran apartment and said the ground-floor ­location provided an “insufficient barrier against unlawful physical access to the unit”.


VCAT FIGHT OVER ‘UNSAFE’ FLAT


After the assessment, Ms Abbott told the real estate company she wished to break the lease, which had been signed up to March next year.


Ms Moussi, who is in remission from cancer, took the case to VCAT seeking compensation for the lease break after it took eight weeks to find new tenants.


“I don’t have this money lying around,” she told the Herald Sun.


At the hearing, Ms Abbott used a security assessment by the Australian Federal Police, sent to the Prime Minister’s chief of staff, Peta Credlin, to explain why she broke the lease.


The first VCAT member to hear the case, Michael ­Sweeney, was forced to declare he had “dealings with the Prime Minister” and Ms Credlin and excused himself from the hearing.


The matter was eventually heard by Ms Kylea ­Campana.


Ms Abbott told the hearing she did not feel like the property was “safe and secure” as it was advertised.


“I also had my dad and the police check the apartment with me … my dad’s the prime minister,” Ms Abbott told VCAT.


Ms Abbott said she signed the lease because she “felt like being independent”.


“I felt like I should be able to do this on my own, I felt like I didn’t deserve different treatment.”


But Ms Moussi said she didn’t believe it was a “standard VCAT decision”.


A spokeswoman for the Department of Prime Minister, Sally Branson, said Ms Abbott rented the flat that was found to be “unsafe with poor security”.


“She did not move in and instead, tried to resolve the significant security issues with the real estate agent directly,” Ms Branson said.


“This was unsuccessful and the matter then went to an independent tribunal.”


Ms Branson said it was standard practice for the AFP to provide security advice to the Prime Minister and his family.


annika.smethurst@news.com.au


——with Brendan Casey



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