VIC PM question re issuing NTL

Any Victorian PMs out there who can assist with this question - I'd much appreciate it!

I have a property in Vic where we have given tenants notice as we are selling, so can provide 60 days of notice to tenant.

PM has sent me a VCAT notice of hearing. When I asked her why, she said that when they give the tenants notice, they also lodge a VCAT application just in case the tenants don't go and so they already have a hearing date set.

They have then charged us the VCAT fee.

Is this normal practice for PMs in Victoria??

They lodged this application without finding out if there was any reluctance to leave from the tenant and without asking our permission.

This isn't something we would do in QLD.

We're pretty reasonable owners, I think, but I'm not to happy about the lack of consultation and a fee being charged for it without permission.

Thoughts welcome!

Kaz

 

If its something they strongly suspect, its probably a good idea.

I don't think you're allowed to do that in other states. Eg here it wouldn't let you put the SACAT application in unless it had a vacate date of yesterday on it.

 

Hi Kaz,

Proactive in one sense, as the cost to you if the tenants don't vacate could be severe for example if the sale was held up or settlement unable to proceed, on the other hand, is it an oversight/they though "you already knew" how they operated with regards to this sort of process? Also, in your appointment to act, is the fee listed for VCAT and any specific instructions on whether approval is required before proceeding with VCAT application? With that said, rude/unprofessional if they simply disregarded keeping you in loop.

 

Unless they're exercising their crystal ball - knowing it probably takes 6-10 weeks for a hearing date and rolling with that. The clerk doesn't knock back submissions based on the content I believe, only to make sure the lodgement particulars are correct (unless I'm mistaken?). Between lodgement and hearing the submission can be amended on the fly through the clerk and the other parties are simply sent amendments etc - I've kind of done this from time to time to save for time. (not in this particular scenario but with evictions and bond disputes etc)

 

Never heard of this happening in Victoria in 30 + years of investing.

However if the PM thinks this is a good idea a email requesting the go ahead should be sent.

 

Interesting you can do that there. The application page here doesn't allow you to log a vacant possession case until the day after possession was actually meant to occur.

I think if you're selling its more important to be proactive than not as you can end up in contractual trouble. The consequences are that your buyer requests vacant possession and you can't deliver it and then you won't be able to settle. They probably should have ran the idea past you first.

 

Thanks for your views.
I can see the merit in being pro-active.
I think I would have preferred they explained this to me, it's a bit confronting to receive a VCAT form with a hearing date plus a bill when you didn't know anything about it!
Looks like this might be something that is done in Victoria, so will probably just let it slide considering we are selling anyway!
Appreciate the input.

Cheers
Kaz

 

I would normally do it as well if it's likely the tenants won't leave, but generally wouldn't be until towards the end of the notice if things aren't looking too positive or the tenant has been a real PITA. You can only do it for certain notices.

The VCAT charge is a bit cheeky though, I wouldn't be impressed with that...

 

The place I was renting earlier, the agent served a VCAT notice following to 60 days vacate notice as the owner wanted to sell and keep it available for inspection for prospective buyers. I believe this is to ensure that the tenants vacate by the 60th day.

 

So does the outgoing tenant receive any advice that the VCAT notice has been lodged?
How much were the fees for lodgement?

 

Yes we received the VCAT notice but the agent confirmed that it will be in effect only if the property was not vacant by the 60th day. The hearing date selected was the 61st day.

I would imagine the charges for lodgement were applicable to the landlord. I reckon it is $60 odd for individuals.

 

Yes they would, hearing would be scheduled within a matter of days of the old tenant leaving.

Application is $63.70, but often agents will charge a set figure.. usually above that

 

Hi Kaz,
Good luck with the sale and if you would like recommendations/feedback for selling agent(s) in this suburb let me know as I have dealt with a lot of them at various stages.
I am assuming it’s still the same suburb you mentioned in your podcast.
Best of luck with your sale,
Cheers