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From: Dianne Ferrara


thanks for the words of encouragement, they are appreciated!

To answer your questions Sergey, I made a mistake with my 60 day notice calculation by 1 day (you are expected to calculate 60 + 4 or 5 depending on whether you send application at the beginning or end of week). It resulted in my taking the day off work, rushing down to Bairnsdale , 4 hr drive, appearing at the hearing armed with all my facts and figures only to be told that I was out by a day; case dismissed, process had to begin again...another 60 days!

He had been there 60 + 5 wks by the time VCAT organized the hearing date but this piece of what I thought pertinent info, was disregarded because the tenant is entitled to 60 days and that is that, despite the fact that he had trashed my place and assaulted me.

If there happens to be a holiday in the 60 day period you cannot include this in the calculation and I have since learnt that many get caught out by this even agents! It might sound straightforward to most but I found it convoluted by all these infuriating exceptions. There were a couple of other things that I didn't do to the letter of the law and found out the hard way but c'est la vie, I've decided to look at this experience from a philosophical point of view, even though I am flabbergasted at how the tenant was able to cash in on the free legal representation and dextrously manouvre his way around the system at the tax payers' expense!

I guess the system was angry with me because I refused to let it beat me, and if you are ever in the unfortunate position of appearing before a VCAT trib. hearing you will quickly learn that there is a palpable bias either for or against the landlord.I guess they must see all sorts of things in their line of work and form opinions which inevitably impact on people who naively believe that because they have done the right thing, the system will support them if they have done the right thing and the tenant, the wrong. I no longer feel this way and have lost a lot of faith in our legal system!

I hope my ramblings make some kind of sense. This experience hasn't put me off renting out my place or buying another but it has made me wiser which can only be a good thing!

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Reply: 1
From: Grant P

Howdy Di

Can you decipher c'est la vie for me. I'm still battling with the English language.

Great story to read for the experience. Sorry about your misfortunes though.


Education is what you get from reading the fine print. Experience is what you get from not reading it.
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Reply: 1.1
From: James Johnson

Such is life... such is life
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