VCAT Possession Hearing

So I won the case.

But not before Judge Judy called me a mean landlord. After I exposed lie after lie, one of the tenants stormed out of the room. She never came back but her girlfriend claimed she had manic depression and begged for forgiveness and a second (10th? chance)

Ironically the 5 minute adjournment at this point gave Judge Judy the chance to check the legislation which gives her no discretion in this case.. none. That was when Judy got narky cos it was out of her control and she and the remaining tenant pressured me for clemency.

I didn’t give them that but agreed that I wouldn’t seek an eviction warrant before 25th April so they have another 2 months to get out, plus the 4 weeks notice they already have. I think thats as reasonable as I can be given the 4 months of lies and deception which they continued with in the hearing.

Interestingly the fact the the rent was unpaid at the hearing and late the previous 3 months, the unpaid water bill and the unapproved pet could not be used as part of this hearing and at the end of the day, nothing that was said changed the fact that there was no discretion under the legislation for non payment of bond, even if it is paid post notice to vacate.

Was really angry at the judge for taking into account tenants personal circumstances (that based on history may or may not have been true), but then shutting me down when I tried the explain the impact on my family and then calling me a mean landlord (value judgement much?). I could have had them out a lot sooner but agreed to an extension.
 
So I won the case.

But not before Judge Judy called me a mean landlord. After I exposed lie after lie, one of the tenants stormed out of the room. She never came back but her girlfriend claimed she had manic depression and begged for forgiveness and a second (10th? chance)

Ironically the 5 minute adjournment at this point gave Judge Judy the chance to check the legislation which gives her no discretion in this case.. none. That was when Judy got narky cos it was out of her control and she and the remaining tenant pressured me for clemency.

I didn’t give them that but agreed that I wouldn’t seek an eviction warrant before 25th April so they have another 2 months to get out, plus the 4 weeks notice they already have. I think thats as reasonable as I can be given the 4 months of lies and deception which they continued with in the hearing.

Interestingly the fact the the rent was unpaid at the hearing and late the previous 3 months, the unpaid water bill and the unapproved pet could not be used as part of this hearing and at the end of the day, nothing that was said changed the fact that there was no discretion under the legislation for non payment of bond, even if it is paid post notice to vacate.

Was really angry at the judge for taking into account tenants personal circumstances (that based on history may or may not have been true), but then shutting me down when I tried the explain the impact on my family and then calling me a mean landlord (value judgement much?). I could have had them out a lot sooner but agreed to an extension.

I am usually a balanced person but I have to say

THE JUDGE SUCKS!

My REA says he tells the VCAT assessor/judge that the landlord will be happy to wait for the rent if she/he can legally bind Landlords bank to hold off mortgage foreclosure action and any penalties for no payment and additional interest!

They seem to believe landlords are Scrooge McDucks swimming in pile of cash.

Ha! Peter 14.7
 
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yeah well I'm one of the most balanced people going around (just ask me!) and it took a lot of control to be polite to the vcat member, but I already knew I was in a winning position so nothing to be gained by being an @ss back to her.

Its such a relief, but I feel a bit flat now. Not sure how the tenants will play over the next 2 months, but the order specifies that if they dont pay rent on time I can proceed to police eviction straight away. Just have to buy a warrant from Vcat. I think they still think I might drop the eviction (which I can do), so they might play ball to the very end. At least I now have the bond to play with if they do any damage. Oh and some new found confidence in my vcat hearing skills.
 
Not sure how the tenants will play over the next 2 months, but the order specifies that if they dont pay rent on time I can proceed to police eviction straight away. Just have to buy a warrant from Vcat. I think they still think I might drop the eviction (which I can do), so they might play ball to the very end. At least I now have the bond to play with if they do any damage. Oh and some new found confidence in my vcat hearing skills.

And that is punchline to this joke.:rolleyes:

The tenants will work out the date at which eviction is a waste of time and not pay from there!

We had the same thing. We evicted and the judge said :"Now, you realise you will have to pay rent for the remaining two weeks and what is owned"
"Of course" says the tenants with a smile, AS IF!

Regards Peter
 
yes, I get that. Maybe they will give me the opportunity to evict earlier which I will happily take.

The order has some clauses to protect me.

"the tenant shall now pay the landlord rent owed of XX$" (rent due 20th feb to today."

"The issue of a warrant of possession is postponed until 25th April 2013, but the landlord has leave to apply for an order that a warrant be issued without delay"

"The landlord has liberty to renew should the rent not be paid as and when it falls due on and from today" (ie dont have to wait 14 days as usual.)

So as it stands they are behind in their rent. I'll see how they go next due date (20th March) but it appears I can get a warrant at any time rent is overdue, to be executed within 14 days.
 
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You may wish to enquire (and I am no expert) as to time to get warrant and time to organise warrant and then time to enforce warrant. I am told it can take a week or more for Police to have the time to be on site. Also need to get locksmith to rekey at the same time. Another cost.

Peter
 
You may wish to enquire (and I am no expert) as to time to get warrant and time to organise warrant and then time to enforce warrant. I am told it can take a week or more for Police to have the time to be on site. Also need to get locksmith to rekey at the same time. Another cost.

Peter

So as it stands today I have a possession order stating I can buy a warrant up until 25 August 2013 from the registrar (ie dont need another hearing, just need to go to the desk). Warrant is to be executed within 14 days after the date of issue. So 15 days max it would seem. I do my own locksmithing. I installed some of the locks on the premise.

Good tips though.
 
jusm,
Congratulations for the win.

If you really wanted them out, and only agreed to be lenient because of the judge and tenants, this will most likely come back and bite you on the bum.

This judge should be removed for bias.(calling you a mean landlord !!)

As soon as the tenants have found a new place, they will stop paying the rent. Chances are they already know how long it will take for you to evict now.

Good luck
 
jusm,
Congratulations for the win.

If you really wanted them out, and only agreed to be lenient because of the judge and tenants, this will most likely come back and bite you on the bum.

This judge should be removed for bias.(calling you a mean landlord !!)

As soon as the tenants have found a new place, they will stop paying the rent. Chances are they already know how long it will take for you to evict now.

Good luck

Thanks Kathryn. I have already checked the VCAT site and would have grounds for complaint aginst the member. She actually made me feel really bad and it was uncalled for, unprofessional and her opinion only. It also added to the pressure to relent and drop the case. I probably wont complain though. I got what I wanted.

I may cop some lost rent, but can apply the bond if I go to VCAT. Dont think they will damage the property and its in a "tired" state anyway.

I do have a few more aces up the sleeve though.. I can put them onto the blacklisted tenancy database, or not and have already let them know that. I can and will follow through any loss back at VCAT and if there is a default it will be on their record. They have plans to buy a house in the future and given one of the two works at a bank, she knows that wont help.

But if I see any hint of late rent next time it is due in MArch, I'll commence eviction. They have a 10yo child and really would not want the police on their door. Astounds me they would allow this to happen when a child is involved. I have 3 young kids and a roof over our heads is priority no. 1
 
Curious, which courts? Sounds like a judge I've dealt with previously :mad:

Congrats on the win, I too find it funny people don't prioritise the roof over their heads!
 
Curious, which courts? Sounds like a judge I've dealt with previously :mad:

Congrats on the win, I too find it funny people don't prioritise the roof over their heads!

Vcat 55 King Street Melb, level 5.
I think her name was Steel? cant remember, the order is at work.

Didn't like her and apparently she didnt like me!
 
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Hmm, looks to be a different one.

My first VCAT case I had to go alone (don't ask) and while I won I got screamed at by this member in front of all the other agents/tenants in the room.

It was so degrading and once in my car I cried. Why did I get screamed at? Because the tenant had signed the bond over that morning and I'd already had an adjournment by the tenants, they didn't show and she accused me of bullying the tenants into signing over the bond. Between the two hearings I didn't even contact them.

It's really quite hard to remain professional in instances like that sometimes, but I remained polite because I wasn't going to miss out on the compensation order for my pride.
 
Hmm, looks to be a different one.

My first VCAT case I had to go alone (don't ask) and while I won I got screamed at by this member in front of all the other agents/tenants in the room.

It was so degrading and once in my car I cried. Why did I get screamed at? Because the tenant had signed the bond over that morning and I'd already had an adjournment by the tenants, they didn't show and she accused me of bullying the tenants into signing over the bond. Between the two hearings I didn't even contact them.

It's really quite hard to remain professional in instances like that sometimes, but I remained polite because I wasn't going to miss out on the compensation order for my pride.

yeah I know what you mean. Its so one sided.. They demand respect and then carry on like that.

In my case I was doing ok and she was being fair.. Then half way through my evidence the tenants started whispering amongst themselves because it was going downhill fast for them.. Then the member had a go at them and suggested they had better listen.. thats when one of them just got up and left.. COMPLETE contempt I would have thought.

However, when the other one returned from the 5 minute adjournment without her girlfriend and ran the bi-polar story the member completely changed tack and I couldn't do a thing right and got shut down and snapped at. Suddenly I was the bad guy etc etc. Luckily for me the Act was on my side because if there was any discretion I would have been gone. Based purely on a potential medical condition (with no evidence) that apparently makes you a compulsive liar and not pay bills for 4 months. No one in the house was a doctor, so what am I meant to do with this new "evidence".
 
However, when the other one returned from the 5 minute adjournment without her girlfriend and ran the bi-polar story the member completely changed tack...

Oh yes, I've had the good ol' "I have schizophrenia or depression" and it's like it's your fault. Whether they have it or not is another story.

At least you won the case, even if it wasn't a great experience.
 
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