Hi Guys, I'm in a real pickle here.

I have recently vacated a premise where the lease holder was illegally subletting the apartment to me and my mother without my knowledge and holding my bond. Upon leaving, they inspected the room i was cohabiting in and claimed that I damaged the table. They have no proof of this/ no entry condition report was given to me and no photos were taken by the lease holder on the condition of the table when we began our tenancy as when requested they did not provide any and said they have none.

To protect ourselves my mother recorded a video conversation on her phone facing the ground and audio conversations without the lease holders knowledge during the night we vacated for 30mins in relation to the table in the place we were sharing tenancy, with my mother, myself and the lease holder involved and present. In the conversation he was making threats etc. and said he will call the police and it was a criminal offence for recording the conversation, as we were unsure and felt threatened and my mother had a panic attack she handed over her phone and the leasee deleted both the video recording and phone recordings without listening to them.

We then signed an agreement apologising for secretly video and audio recording our discussion on the condition of the table and confirm that all recordings have been deleted from existence. If we can mutually come to an agreement on repairing the cost of the table which they claim is $500 but have no receipt of, as per agreement we signed there is no claim or complaint that can be made on both parties.

So I guess the question I have, are we at fault and can possibly face criminal prosecution for recording the conversation about the table? Also because they have no proof of the condition of the table do we still need to pay/repair the amount they claim it to be?

Finally, If we do come to a mutual agreement on the matter can these recordings as discussed in the written agreement be used against us if the recordings are infact illegal?

Thanks in Advance.



Edited by wombatguy10101 - 07/July/2018 at 21:25

Thanks for your reply. Even if it's a video recording of the conversation?

Thanks for your reply.

Do you think I should report this incident to the police? My mum is fearing to go out in public as a result of this.

Thanks. I will keep you all updated. I will also plead my case to the RTA and perhaps QCAT/small claims tribunal.

Update:

100% legal to secretly video record / audio record a conversation you are privy to without the consent of the other party. Both confirmed by police and lawyers.

Still working on the other aspects in the story above. Will keep you updated on that.