Going to VCAT

[traveller]

Hi All,

I have a VCAT hearing scheduled for tomorrow as i had applied to VCAT to make the claim on the bond of the tenants who just vacated.

The reason being that the tenants broke the window air conditioner grill which they claim got broken when they were trying to clean it prior to cleaning it. The grill which I have photos of is broken in atleast 10 pieces and is not repairable. Also I have tried my best to source a new or used one but am unable to get one. Due to this the AC which is of running condition can now not be used at all.

I had offered the tenants to go half in providing a new AC to which they have disagreed and thus I had no other avenue left except to go to VCAT with a claim of approx A$1100 which includes supply of new AC, delivery and installation. I have photos of the broken grill, quotes for supply, delivery and installation of the new AC and all these I will be taking tomorrow with me as well as all communication with the tenant with regard to this matter.

I will like to know if anyone has been there, how the whole thing works, their experiences, any advice as to what papers/evidence I should take, any other thing which I might need to take care of.

thanks in advance.

 

[Aaron_C]

Are you self-managing? My PM took care of a VCAT dispute I had re unpaid rental.

 

[traveller]

Yes Aaron, i am self managing this one...

 

[Aaron_C]

Ok. I'm not a PM but do you have a condition report that you filled in before the tenants moved in? If so, you need that to be brought in as evidence that the air conditioner was broken by them, not you. If you don't have that it's hard to win...

 

[Sez]

Hi Traveller,

VCAT is not as intimidating as one originally assumes and also an open court, go early and talk to the person at the VCAT counter, let them know it is your first time and ask if you can be allowed to sit in on a few hearings before yours comes up. They will let you in and it will help you get your head around the process.

When making a compensation claim you need to take a copy of the condition report, a copy of the bond receipt, copies of all of your paperwork served on the tenants and proof of service (e.g. registered post slip). Have a copy of the lease handy too just in case they ask for it! Take 3 copies of everything, one copy to submit with your summary of proofs and hand over to VCAT, one copy for you to refer to and one copy for the tenants.

It is important that if you have anything in writing stating that the grill can not be replaced and has rendered the unit useless and in need of replacement.

When you go to VCAT you will have a chance to speak your side of the story and the tenants will be given the same opportunity, then the member will ask questions of you both and come to a decision. Just speak respectfully, don't loose your temper with the tenants even when they are lying through their teeth .

If you don't have a condition report, you will likely lose this one as to take a bond in VIC you need to have a condition report.

Good luck, let us know how you go.

 

[traveller]

Thanks All.

I do have the entry and exit condition reports and also email suggesting that the AC was working during their tenure. So i guess that's not a problem. The condition report was done by a Leasing Agent themselves and not by me.

As for the getting it in writing that broken grill has rendered the unit useless, i would think its evident through the photos which i have already submitted and will be taking with me as well. The grill is broken in at least 10 small pieces and neither me nor the tenant can source a replacement....

 

[bradcon]

Firstly good luck, It really isnt intimidating at all, but i was on the winning side so maybe my impression is slightly bias.

I am worried that you are trying to get a new AC unit when the other one is damaged. I tend to think you might be up against it on this one, but i am no expert. I do hear that they tend to side with the tenant as well.

I am kind of hearing something akin to 'if i break a kitchen cupboard handle off and cant replace it do i need to pay for a new kitchen' but i might be WAY off the marks so please dont take it the wrong way.

I think that given your AC Unit has a window and grill (sounds odd to me) thatt it might be an older model which might also go against you.

Sorry to shoot you down, just trying to give you 'the (potential) other side of the tale.

Good luck to you, and remember you cant be too prepared!

 

[Propertunity]

I suspect if they give you anything - and you may get nothing under a wear & tear claim, that the most you will get is the value of the depreciated A/Con - which may not amount to much either

 

[Jaggannath]

I suspect if they give you anything - and you may get nothing under a wear & tear claim, that the most you will get is the value of the depreciated A/Con - which may not amount to much either

My thoughts exactly... it sounds archaic, and if it is justifying buying a whole new a/c may be a bit rich for them. This might be something that was worth claiming on landlords insurance and then asking them to pay the excess or something similar.

 

[traveller]

Thanks everyone for responses...very helpful

I suspect if they give you anything - and you may get nothing under a wear & tear claim, that the most you will get is the value of the depreciated A/Con - which may not amount to much either

Wear and tear should not break a thing in 10 pieces and render the whole appliance unusable and that is my main argument. And i did offer to go half with the tenant which they refused. Obviously in offering that i recognised that i am replacing old for new(but what other choice do we have).

From a landlords perspective my argument is that i have to essentially fork out $1100 even though the AC unit works just because of carelessness of the tenant...

Well i will see what happens today and let you all know

 

[traveller]

Well went to the VACT today and was awarded a grand sum of 150$
Wear and tear and depreciation being the main issues...

Anyways, sat in couple of cases before and after as suggested by SEZ and did learn a few things, to be used next time

Thanks to everyone who gave their valuable suggestions and opinions...

 

[Aaron_C]

Bad luck traveller. I can just hear Dazz laughing right now....

 

[Sez]

Hey Traveller,

Sorry there wasn't a better outcome for you! If you need to attend VCAT again you will most likely find that the outcome varies quite largly based on the opinion and mood of the member sitting that day!!!!

For anybody that is interested I've attached the VCAT rules (well, at least I have tried too, lets hope it works). Parts are brain numbingly boring and have a copy of the Residential tenancies act to refer to when reading but until recently they weren't too easy to find, maybe someone will enjoy them!! .