Caboolture homeowner living in fear as squatter refuses to leave garage

A Caboolture homeowner has been left living in fear after learning authorities were powerless to evict a man who had claimed squatter’s rights on his garage.

A Caboolture man says he’s been living in fear after discovering authorities were powerless to remove an unwanted squatter from his property.

Lyle Creffield, 62, has gone to extreme lengths to remove a person who claimed squatter’s rights on his garage at the front of his Caboolture home.

He was ultimately forced to take legal action after learning both the Residential Tenancies Authority and police lacked jurisdiction to help him, simply because he failed to organise a legitimate lease or agreement before allowing the person to stay for free.

Lyle Creffield's property in Caboolture where a squatter took up residence in his garage.

Mr Creffield said he was living nervously behind locked doors for months and even after obtaining a court order, waited weeks until his “scary” squatter was legally required to vacate.

“I had an agreement with them to move out on September 23,” Mr Creffield said.

“I knew them before my old tenant, they used to mow my front lawn sometimes so when I needed work done on the place I said they could live there, and I paid them $100 a day, I was doing them a favour.

“I ended up giving them nearly four grand for the work.”

But when September 23 came, the person refused to leave the garage dwelling, despite previously signing a makeshift agreement drawn up by Mr Creffield.

“I couldn’t access my things and cops wouldn’t do anything about it,” Mr Creffield said.

“I don't go up there (garage) anymore, I'm too scared, I just put the bins out and lock the doors again.

“To be in this position, I’ve been scared s***less. I live here with the door locked.”
Police attended the property to respond to Mr Creffield’s complaints on multiple occasions but are not required to remove the person unless they become a serious threat to public safety, or break the law by means of trespassing.

However, on the occasion when it cannot be determined whether a person is a genuine tenant or if they are illegally trespassing, the matter is referred to the Queensland Civil and Administrative Tribunal.

The Caboolture man says he was living in fear of the squatter.

Mr Creffield also sought advice from the RTA but was told squatter conflict was not covered by the Residential Tenancies and Rooming Accommodation Act 2008 and was therefore also outside of the RTA’s jurisdiction.

“Recent amendments to the Act allow an owner of a residential premises to apply to the QCAT for the issue of a warrant of possession in circumstances where there is no residential tenancy agreement in effect for the premises and a person is occupying the premises without the owner’s consent,” a spokesman for the RTA said.

The RTA informed Mr Creffield a person who is living in a property as part of their employment could be given 30 days Notice to Leave after their employment ends but would be required to pay rent up until the end of the 30 day notice period.

But because Mr Creffield had not charged a rental free for the duration, the makeshift tenancy agreement was determined as unclear.

Police and the Residential Tenancies Authority were powerless to remove the squatter.

During September Mr Creffield’s matter was heard at QCAT where a judge ruled that his squatter would be given 30 days to leave the property.

With the squatter finally gone, he plans to sell and move out.

“My intention now is to sell the whole property once they’re off and just get the hell away,” Mr Creffield said.

“There really needs to be a change if the person allowed to freely live here is a threat to me.

“Hopefully this story warns others.”

Police officers were available to assist the execution of the warrant of possession at Mr Creffield’s property in October.