Residential disputes between tenants and landlords, residents and owners of caravan parks or rooming houses, renters and the Director of Housing, and about specialist disability accommodation and supported residential services. Disputes over repayment of bonds may be ruled on by VCAT. Landlords wanting to claim a portion of bond money must do so within days of the tenant vacating. Bond The tenant wants VCAT to order that the bond be paid back to the tenant.
Provide a copy of the RTBA receipt. Bond and compensation The tenant wants VCAT to order that the bond be paid back to the tenant and for the landlord to pay further compensation for loss because the landlord has not complied with a duty or obligation. A tenant has the right to claim compensation from their landlord if they can establish that there has been a breach of law or contract. The appropriate forum to hear a compensation claim by a tenant is generally the Victorian Civil and Administrative Tribunal (“VCAT” ). VCAT will hear the case and make a decision on how the bond will be divided. You or your agent may also claim compensation over and above the amount of the bond (a fee will apply for that application ). A claim to VCAT must be made within business days of you becoming aware of the tenant or resident leaving the premises.
You can apply to VCAT to order your landlord to have your heater fixed. Case 2: Unpaid rent Your tenant is behind on paying their rent. You have spoken to them but they haven’t paid. You contact Consumer Affairs Victoria for a referral to VCAT.
They explain to you that you can apply to VCAT for a termination order to end their lease by a. At the end of your tenancy the landlord may try and claim some or all of your bond as compensation for damage , for cleaning , for unpaid rent , or for costs they paid that are your responsibility. You should take steps at the start of your tenancy to protect yourself from potential claims at the end of your tenancy. The landlord has a duty to mitigate loss or damage. VCAT may hear applications for bond and compensation at the same time. Tenant’s application to VCAT.
A tenant is lawfully entitled to make their own application to recover their bond. VCAT can determine bond liability in family or personal violence circumstances. When considering an application for the repayment of a bond , VCAT will be able to determine that a renter who is a victim of family or personal violence is not liable for any loss or damage caused by the actions of the alleged perpetrator (who is not a renter).
At the end of the tenancy the bond is generally returned to the tenant if both parties agree ( s 4). If agreement is reached a bond claim form should be complete signed and lodged with the RTBA. If the parties cannot reach agreement, either party may apply to VCAT. Also, lots of photos.
To try and claim anything equal or less than a tenant’s bon a standard hearing is all that is required. The Tribunal has a $10limit on compensation claims. The agent is now refusing to release and of the bond until there is a VCAT hearing on the 25th of may.
During my tenancy, the real estate agent ignored all my requests for quiet enjoyment, including an air conditioner pump that ran constantly, inside a cupboard in the bedroom, this acted like an echo chamber. The Victorian Civil and Administrative Tribunal found only $worth could be prove with Ms Burge securing the remainder of the bond. Where an order has been made for payment for damage or compensation , the tribunal can also make orders for payment of the bond to you and any co-tenant who has been found not liable.
You cannot place the survivor tenant on a blacklist. VCAT can order that no development occur, other than that specified in an order, while the matter is being heard. Before making an order, VCAT must consider whether an applicant should give an undertaking as to damages (s 93). Applicants may be liable to pay the developer compensation for losses suffered as a result of a suspension of the development that proves unjustified (s 94). If VCAT makes an order requiring the payment of money by a party who was not present or represented at the hearing, VCAT must send a copy of that order to that party (s 1VCAT Act).
Where VCAT has made an order requiring money to be paid to a person and the money has not been pai that person can enforce VCAT’s order in the Magistrates’ Court. Let VCAT be the one to demand you pay the bond (if they even do). If goods are destroye sold or disposed of in contravention of any of the obligations in the RTA, the applicant may apply to VCAT for compensation (s 396). In such cases, as discussed above, evidence will be critical.
Commentary to the RTA suggests a landlord may be able to raise defences which are similar to those stated in section 2(a). Bond The bond makes sure that you start your tenancy a month ahead in rent and also covers any damages to the property that need to be fixed when you vacate. Normally, the amount will be equivalent to two month’s rent. This might include ongoing breaches of the obligation to provide quiet enjoyment through repeated entry into the premises, or other failures to comply with duties under the Act, such as failing to lodge a bond with the RTBA. VCAT should also have jurisdiction to pay compensation out of the RSA once the repairs are completed.
If a landholder does not provide consent and an appropriate amount of compensation cannot be agree then either party may refer to the Victorian Civil and Administrative Tribunal ( VCAT ). VCAT does not determine the right to access lan rather the amount of compensation to be paid to the landholder.