Holiday House Owner Battles Court

Rhoda Louise Bennic is currently battling the courts as neighbors file cases against her. 

The six-bedroom property owner from Terrigal rents her place during the weekends, which the neighbours are not in favor of. Since 2011, Bennic has been the owner of the house and things have been peaceful but one night, a party was held without her knowledge and neighbors John and Rosemary Dobrohotoff took legal action of it. 

On the Dobrohotoffs' sie, they stand that the residential area forbids short term leasing, hence noisy tenants affects lives of the neighborhood. Some noise were tolerable but others were just really affecting his family. 

"It was definitely seasonal," he said."During summer the parties were almost every weekend ... it picked up around Easter and faded during the winter months."

No record was kept about the party but every time someone moved in, he and his wife would always have doubts if it would be noisy or not. 

Lawyer of Dobrohotoffs, Jason Lazarus questions Bennic about the contract of her house and asks if she read it carefully. She responds "I was trusting the people who I was paying to advise me," 

"They (real estate agents, former owners, and conveyers) all knew the purpose of what I was going to use the house for," she said, explaining her ignorance of such problems that arises in her holiday rental and neither did she ask legal advice "No, I did not seek legal advice in the way you said ... I spoke to the real estate agents and people in the industry because I believed they would have the advice and the experience," 

Though Bennic gave her statement, Lazarus still pursues the on-going hearing with a statement: 
"This situation has caused my clients to experience physiological harm ... it's a severe interruption on their lives," Jason Lazarus told the court."When you can't live comfortably in your own home, that is the very definition of severe harm,"

Posted by Diane Araga, on May 1, 2013 at 9:00 AM