From: Dianne Ferrara
Hi,
reading Michael's comments on tenants and how 'creative' they can be I thought I might share my bizarre experience with my tenant (at a seaside location) and the trials and tribulations inflicted on me by VCAT!
It all started last year when having tried several despondent real estate agents I decided to manage the property on my own, I really wasn't happy with the way they had handled things. Sept last year I conducted an inspection and to my horror saw the extensive damage and vile state to which he had reduced my unit. When I politely and calmly (no exaggeration) asked him to fix the hole he had punched through my kitchen wall he turned to me and walloped me a couple of times taking a broom handle to me as well as his fists. I am not a big person, slight build 5ft 1 and I don't think that I am threatening or necessarily inspired that kind of effusive response!
This signalled the beginning of what was to be an incredibly stressful and extreme learning curve for me in the world of landlord versus tenant.
To cut a very long story short, he was given a rap on the knuckles by our very 'judicious' legal system after I had filed charges (I was really given the runaround when I tried to find out the results of the case...a story in itself), he caused in excess of $15k damage to the property, the insurance has found a pathetic loophole and believes it doesn't have to pay for damages (I am now taking them on...my chances???) he managed to use the law to his advantage to squeeze 3 month's rent free, I had to appear in Bairnsdale, 4 hours from Melb for a number of VCAT hearings during which time I was made to feel like I had somehow done something wrong. I was actually berated by the Member on one occasion because I was seeking compensation of $15K, he obviously thought I was trying to rip the tenant off. He was so rude and brusque with me that I had to ask him to alter his tone, at the risk of having a contempt of court thrown in my face! He only gave me $5K in compensation even after I had shown him photographic evidence of the place.
I know now after having gone through this whole process that there were a few things I did wrong but by and large I came to unequivocally understand that the tenant is favoured by the system and that as a landlord you had better know your stuff right down to the last letter and dotted i or you simply don't stand a chance.
Apologies for such a drawn out story but this is the abridged version!I actually managed to get him out in June this year 10 months after my initial attempt!
I'll try to be more inspiring in my next post!
Cheers, Di
Hi,
reading Michael's comments on tenants and how 'creative' they can be I thought I might share my bizarre experience with my tenant (at a seaside location) and the trials and tribulations inflicted on me by VCAT!
It all started last year when having tried several despondent real estate agents I decided to manage the property on my own, I really wasn't happy with the way they had handled things. Sept last year I conducted an inspection and to my horror saw the extensive damage and vile state to which he had reduced my unit. When I politely and calmly (no exaggeration) asked him to fix the hole he had punched through my kitchen wall he turned to me and walloped me a couple of times taking a broom handle to me as well as his fists. I am not a big person, slight build 5ft 1 and I don't think that I am threatening or necessarily inspired that kind of effusive response!
This signalled the beginning of what was to be an incredibly stressful and extreme learning curve for me in the world of landlord versus tenant.
To cut a very long story short, he was given a rap on the knuckles by our very 'judicious' legal system after I had filed charges (I was really given the runaround when I tried to find out the results of the case...a story in itself), he caused in excess of $15k damage to the property, the insurance has found a pathetic loophole and believes it doesn't have to pay for damages (I am now taking them on...my chances???) he managed to use the law to his advantage to squeeze 3 month's rent free, I had to appear in Bairnsdale, 4 hours from Melb for a number of VCAT hearings during which time I was made to feel like I had somehow done something wrong. I was actually berated by the Member on one occasion because I was seeking compensation of $15K, he obviously thought I was trying to rip the tenant off. He was so rude and brusque with me that I had to ask him to alter his tone, at the risk of having a contempt of court thrown in my face! He only gave me $5K in compensation even after I had shown him photographic evidence of the place.
I know now after having gone through this whole process that there were a few things I did wrong but by and large I came to unequivocally understand that the tenant is favoured by the system and that as a landlord you had better know your stuff right down to the last letter and dotted i or you simply don't stand a chance.
Apologies for such a drawn out story but this is the abridged version!I actually managed to get him out in June this year 10 months after my initial attempt!
I'll try to be more inspiring in my next post!
Cheers, Di
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