Probably. Although isn't this something you should ask your tenants?
It also might count as one of your allowable inspections for the year (I think that's a thing in Vic?).
Its your problem because your tenants have lost use of a part of the premises they are renting. Admittedly, its quite a small part, but its not insignificant when we're talking about a residential dwelling.
So legally its probably more of a "partial lost use of premises" claim rather than...
Except the landlord herself can give evidence on the stand as proof. Or anyone else who saw the previous condition of the property.
I don't understand why you absolutely need the photos or ingoing report.
I agree with you except for the part about if the council laws prohibiting the practice. There is some use in having strata also be able to enforce any breaches too.
Who said that it restricts the total claim that can be made because of an owner's failure to mitigate?
And also that it has to go to a higher court to make the full claim?
I don't think either of those things are true off the top of my head.
Either some actual loss or damage, or direct harassment.
A person saying bad things to other people about you is annoying - but you should probably get over it unless it somehow directly affects you.
Honestly, I would just ignore it, and tell my client the same thing if they came to me with a story like that.
It need more than that before I recommend taking any legal action or anything like that.
God if there was a lawsuit everytime someone said something that hurt another person's...
I don't really see what "serious consequences" are on the cards...?
Honestly, it seems like the type of stuff that can simply be ignored.
You wouldn't be able to get a restraining order for this sort of thing either.