WRITTEN WARNING: A Bargara resident was sent an email warning not to allow council staff on the property without permission.
WRITTEN WARNING: A Bargara resident was sent an email warning not to allow council staff on the property without permission. Paul Beutel

Council accused of illegal entry on to properties

A RENTAL management group has accused Bundaberg Regional Council of "illegal entry” on to its properties.

The accusation comes at the same time as ongoing legal action between the council and house owners over compliance concerns regarding properties operating as dual occupancies without appropriate council approvals, however, it's unclear if the matters are related.

The NewsMail has seen an email received by a tenant living in a duplex in Bargara this week, one of the suburbs connected to legal action involving the council.

In the email addressed from Compass Asset Management's director Elisha McDonald, tenants were warned not to let council representatives on to the property until the company gained permission from the property owner.

"Please do not feel obligated to let them in as this is illegal entry to the property,” Ms McDonald said.

"This request for access is in breach of The Residential Tenancies and Rooming Accommodation Act 2008.

"Compass Asset Management as the managing agent has not been notified of a request for access and nor has this access been approved by the property owner.”

The company was reached for further comment about its concerns about the council, but did not respond.

A council spokesman said more detail was needed to confirm what the issue was.

Meanwhile, there are legal issues between unapproved duplex owners in suburbs including Bargara, Kalkie and Branyan and the council, which involve the right to have tenants in both sections of the properties in question.

In February, about 16 homeowners challenged the council's refusal of their dual occupancy applications, taking the fight all the way to the Planning and Environment Court.

Affected property owners had been issued with compliance notices to stop leasing their dwellings as dual occupancies for reasons including not fitting with the proper Dual Occupancy Code, and not allowing enough resources such as parking.