Consumer Affairs Victoria has succeeded in Supreme Court action against landlord Frank Cassar, over multiple breaches of residential tenancy laws and to protect residents who allege they have been subjected to threatening and intimidating behaviour.
The Supreme Court ordered an interlocutory injunction against Mr Francis Michael (Frank) Cassar, 60, Betta Housing Pty Ltd, and its director, Mrs Sandra Ann Cassar, 54, preventing them from letting out and managing residential premises other than through a licensed estate agent.
The order will prevent them from having any direct dealings with residents.
The Residential Tenancies Act protects a tenant’s right to privacy and the quiet enjoyment of their home.
Consumer Affairs Victoria will seek a final injunction against the Cassars. It is alleged that the Cassars and Betta Housing own and manage the operation of up to 12 residential accommodation houses in Fitzroy, Clifton Hill and Carlton North, and have failed to:
- comply with bond lodgement requirements of the Residential Tenancies Act 1997
- provide information regarding the legal rights as a tenant in Victoria
- refund deposit money, and
- comply with orders made against them by Victorian Civil and Administrative Tribunal (VCAT).
The case marks the first time that Consumer Affairs Victoria has taken action in the Supreme Court to secure an injunction against an accommodation provider, to force them to operate through a licensed estate agent, rather than as a private landlord.