How much $$ to take a tenant to vcat

if tenant hasn't honored 60 day notice to vacate.
What would costs b to goto vcat etc....

 

Check the vcat website

 

SACAT is around $71.50, I assume other states would be similar. Check their website.

 

$62.70

 

Make sure you check your Form 6, the Agency may also have a fee associated with tribunal.

It's very time intensive to put together the paperwork required for a strong claim and most agencies will charge for it.

 

VCAT you can claim the application fee back, if you put it in your initial application.

Ie. claiming X amount for rent, damages etc. but also claiming $62.70 application fee. You can also do this if you're going to VCAT for possession, but needs to be in the initial application. They won't always award it though, but worth a shot.

 

DEFINITELY! It's expected that you will claim the application fee. The members are predisposed to finding a compromise (even if the evidence is overwhelmingly in your favour.... discussion for another day)..... so the more legitimate claims you have, the better.

 

Not allowed to in SA (though we've been lobbying for it) but LL insurance covers it.

 

Would hearing costs and labour costs be included in this?

Is rent also payable until a new tenant is found even if tenants are evicted?

 

What hearing and labour costs? If you mean for your own time, then no. Actually, now that I think about it, the answer is "no" to pretty much any other costs being recovered that I can think of.

Rent wouldn't be payable after the tenant is evicted. You've terminated the tenancy agreement after all.

 

Had a quick glance at the fee table, and matters under 15k don't require a hearing fee.

Labour costs for the agency. I think my PM charges around $100/hour for preparation and attending the tribunal. I guess this one might be down to insurance to chase back.

https://www.tuv.org.au/advice/breaking-your-lease/#costs
Seems to indicate if a tenant breaks lease due to hardship/giving up possession, they'd have to continue paying rent until a new tenant is found. - Tenant initiates this?

But I'm not sure whether the same would occur if a tenant is evicted due to being in arrears and they didn't or were unsuccessful at claiming hardship. Not sure if eviction counts as giving up possession. - Landlord initiated?

 

You terminating the lease through a tribunal application is not a 'break lease'. That info sheet does not apply.

As you hinted at, there's a big difference between a break lease (which is a repudiation and breach of contract by the tenant), and a termination order on the grounds of rent arrears.

 

The application charges of $62.70 or warrant of possession fees of $109.50 are reclaimable, if you ask for these costs on your original application.

Ie. Apply to tribunal for possession, in application notes you claim $62.70 application fee. Once warrant is carried out, when claiming bond/compensation you also add in $109.50 for the warrant fee. They won't always pay it though.

This is kind of correct. If you're claiming bond or bond and compensation you do not need to pay an application fee. However if you are going to VCAT to seek an order for possession of the property you would need to pay the $62.70 application fee and then if you're granted a possession order and choose to purchase a warrant, you need to pay the $109.50 fee.

Any costs you pay for representation (such as your PM attendance that they may charge for) is not reclaimable. Some insurance companies will cover up to a set amount of these fees.

 

It is in SA