Tenant taking agent to vcat

[jingo]

We have a tenant in one of our ip's who is taking our agent to vcat on Tuesday. She hasn't filled out a reason on the application form, but a few weeks ago the tenant complained to the pm that there was a problem with a leaking toilet. We had a plumber attend, but he could not find anything wrong with the toilet. Accordingly we sent her the invoice.

We have attended to each of the maintenance requests since she has been in the property.

Earlier this year, we increased the rent. She successfully appealed to vcat who granted a $5 per wk rent rise as opposed to the $10 rise we had put in place.

I am not sure what the outcome of Tuesday's hearing will be. Has anyone else experienced this type of action by a tenant before?

Apparently she is a landlord herself and is studying some kind of property course...
Regards Jason

 

[NedKelly]

Apparently she is a landlord herself and is studying some kind of property course...
Regards Jason

You have gotta laugh! I wonder if she is claiming a tax deduction against her business on all her costs?

 

[buzzlightyear]

Mmm, painful....

I dont have a first hand experience of this, but a comment nonetheless...

My first instinct is that she wants compensation (for the cost), but I would have thought she would have at least requested this from the PM first. I believe she is able to not lodge this as a reason in her forms.

Maybe its time for, if there is no lease in place, a notice for vacant possession for no reason. And when she takes you to VCAT, when the tribunal asks why, you (or your PM) simply state, there is no reason. And if they insist on a reason, you stick to the same line, there is no reason as per the notice. This has happened twice to my PM where he has gone to VCAT and won both times.

 

[jingo]

Thought I'd up date this in case anyone else is taken to the tribunal by a tenant!

The short version of the story is that the outcome was positive for us. The hearing went our way with the tenant being told in no uncertain terms that the agent had acted according to the lease agreement and that the property was being appropriately maintained.

He then went on to say to the tenant that she was wasting the tribunal's time and if she wasn't happy in the property then she should leave. She was also told to stop being rude to the agent and to co-operate with reasonable requests! At which point, apparently, she burst into tears!

The tenant indicated at the tribunal that she didn't want to leave - and I believe her as before she moved in we spent a significant amount of money having the place renovated with fresh paint, new carpet, air conditioning and new curtains etc.

So we shall see what transpires in the future!!

This goes to show that there is hope for land lords after all and sometimes, just sometimes, the tribunal sees reason and acts in favor of the land lord.

Regards Jason.

 

[NedKelly]

I would get rid of her anyway.

 

[wylie]

Great result. I have had two indirect dealings with tribunal. Both times were cases brought by my parents and both times my parents won. I know others on here have had less than happy outcomes.

 

[jingo]

I would get rid of her anyway.

Would do, but the rental market is very quiet where this ip is located. She also pays properly each month - so, as long as the agent can deal with her antics, and the money keeps rolling in, I'm going to let her be!
(At least until the market improves).

Regards Jason.

 

[jingo]

Great result. I have had two indirect dealings with tribunal. Both times were cases brought by my parents and both times my parents won. I know others on here have had less than happy outcomes.

Yes, the tribunal can be unpredictable. Glad your parents had a positive outcome each time as well.

Regards Jason.

 

[thatbum]

Yes, the tribunal can be unpredictable.

I'm a little surprised that everyone in this thread talks about VCAT proceedings being completely random.

There is such a thing as residential tenancy law and I imagine it gets applied to the facts of each case most of the time.

 

[Dazz]

** Warning - Warning **

Residential Tenancy Advocate.....take comments with extreme caution.

 

[Melbournian]

I'm a little surprised that everyone in this thread talks about VCAT proceedings being completely random.

There is such a thing as residential tenancy law and I imagine it gets applied to the facts of each case most of the time.

i think VCAT is based on evidence, facts and reason - of course it would be unpredictable if you went there to tell your story without anything to subtantiate your claim or cause.

i never had a issue with tenants only trades.

the other point is that eventhough a judgement passed on my VCAT is legally binding - the other party can appeal or just not follow it through which requires the other party to chase up etc.

this can cause a lot of time wasting activites.