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Homeowner living in fear of unwanted garage squatter

A Queensland man says he was left living in fear after a “scary” squatter refused to leave his garage.

Property developer gets squatter’s rights on a $1.7 million home (ACA)

A Caboolture man says he was left living in fear after a “scary” squatter refused to leave his garage – and authorities were powerless to help.

Lyle Creffield, 62, told The Courier-Mail he had been forced to take extreme lengths to remove the person after they claimed squatter’s rights.

According to the newspaper, because Mr Creffield had allowed them to stay for free rather than organise a legitimate lease or agreement, both the Queensland police and Rental Tenancy Authority said they lacked jurisdiction.

“I had an agreement with them to move out on September 23,” Mr Creffield told The Courier-Mail. “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.”

Mr Creffield said he was living nervously for months before the “scary” squatter was legally required to vacate.

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

“I don’t go up there 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 sh*tless. I live here with the door locked.”

When the person refused to leave the garage after September 23, Mr Creffield said he tried to get the police to remove them on multiple occasions to no avail.

The squatter refused to leave the Caboolture garage. Picture: The Courier-Mail
The squatter refused to leave the Caboolture garage. Picture: The Courier-Mail

The Rental Tenancy Authority told Mr Creffield that a person living on a property as part of their employment could be given 30 days notice to leave after their employment ends, but because he had not charged a rental fee, the makeshift tenancy agreement was determined as unclear, The Courier-Mail reported.

Police are only required to remove the person if they pose a serious threat to public safety or if they are trespassing – but since it was unclear whether the person was a genuine tenant or illegally trespassing, the matter was referred to the Queensland Civil and Administrative Tribunal (QCAT).

The matter was heard in September, where QCAT ruled in Mr Creffield’s favour and gave the squatter 30 days to leave.

Police were able to assist with the eviction this month – but the homeowner says he now wants to sell up and move.

“My intention now is to sell the whole property once they’re off and just get the hell away,” he told the newspaper.

“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.”

In 2018, a Sydney property developer made headlines after being granted squatter’s rights on an inner west home following the death of its long-term tenant.

Bill Gertos had first noticed the Ashbury property in 1998, saying it appeared abandoned. He changed the locks, undertook repairs and began renting it out for the next two decades.

The family of the last owner of the home, who died in 1947, were unaware of the property as he didn’t leave a will.

They were contacted by police in 2017 when Mr Gertos applied to be made the owner of the land using squatter’s rights under the Real Property Act.

He was challenged by the family at that stage but was awarded the deeds to the home.

Mr Gertos ultimately came out on top in 2019 after an appeal to the Supreme Court decision was withdrawn by the family.

He sold it for $1.4 million in 2020.

Read related topics:Brisbane

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Original URL: https://www.news.com.au/finance/real-estate/renting/homeowner-living-in-fear-of-unwanted-garage-squatter/news-story/174748d6acaf60396d2cf572ef8ee291