Advice on "Warrant of Possession"

Applied for Vcat hearing and they have issued a warrant of possession in our favour.
Waiting for cops to evict them.
Got insurance with Bank of Melbourne (Landlord plus), not sure how good they are.

No Bond: The bond was to be approved and then released by the
department of housing on behalf of the tenants and the request
for approval was carried out in Feb.
Please note –
Bond was dishonored due to tenant’s failure to respond to the
phone calls to complete the paperwork. The tenants had sent
unsigned paperwork and incomplete paperwork to the landlord
which caused delays in the bond collection, and when we submitted the bond, it's got dishonored since it's been delayed in submitting.

House has been trashed a bit.
Rent unpaid of 10 weeks so far plus the repair time and re-lease again.
Lots of rubbish in the house.

Need advice on:
when we go with the cops to evict them and changing the locks straight away.
What else should we do to claim for rubbish removal, cleaning,garden fix as it,s not covered from insurance and we dnt have the bond money too.
Still waiting for the insurance to be approved too :-(
first time having this sort of experience.

Plz suggest where do we stand as of now and what measures should we take to undo the damage: Through insurance, another Vcat hearing for compensation.

TIA
Moses

 

I feel like you’re going to be out of luck with insurance for not collecting bond prior to the tenancy. I don’t know what the BOM policy is like though, but in my experience the big banks aren’t usually favourable.

Change the locks, get the house cleaned up ASAP. No bond means you need to expect you will be 100% out of pocket, you can claim against the tenants and blacklist them and/or take to a debt collector - but you can’t get blood from a stone. You can make it difficult for them to get a loan down the track though!

You’d want to do another compensation claim through VCAT, at least then you have a judgement for $X and can take steps to try and recover that.

 

How can i blacklist them in the tenancy records?
How can i pass it on to the debt collection or bank will do it, incase the insurance cover approves.

Any recommendations for locksmith in geelong?
Will post updates once the eviction date is finalised?
Regards

 

Ah, well for that my friend you need to touch your nose, jump up and down on one foot whilst feeding a baby goat with a bottle.

Direct from CAV:
"Listing tenants on a database
A landlord or estate agent can only list a tenant on a tenancy database if:

• the tenant was named on the tenancy agreement
• the agreement has ended and
• they breached the agreement and because of the breach, either:
• they owe an amount more than the bond and the Victorian Civil and Administrative Tribunal (VCAT) has made an order that they pay that amount; or
• VCAT has made a possession order.

This only applies to the following breaches of the tenancy agreement:

• maliciously damaging a rental property
• endangering neighbours’ safety
• not paying rent
• failing to comply with a VCAT order
• using a rental property for illegal purposes
• sub-letting a rental property without the consent of the landlord or estate agent.

Before listing a tenant on a database, the landlord or estate agent (or the database operator) must notify the tenant in writing, and provide them with 14 days to object."

The bold sections should be what yours falls under. Pay special attention to the last paragraph there - you can get yourself in a lot of trouble if you don't do it. I also don't think you can list on NTD which in my experience is more popular in Victoria - but you can list on TICA.

Your bank will only chase you for your debts, they don't care if someone else has stuffed you around. If you manage to somehow go through insurance, they will normally chase the other party - but they won't list them on the database.

I don't operate in Geelong so can't help you with a locksmith I'm afraid.