Sending VCAT application to Tenant

Discussion in 'Property Management' started by Wizzbef, 10th May, 2019.

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  1. Wizzbef

    Wizzbef Member

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    I have to send a signed copy of VCAT application , with hearing date to the Tenant. (by Reg Post).

    This is for reclamation of bond for unpaid rent and cleaning costs. Do I have to send copies of anything else to the tenant with application such as itemised cleaning account and timeline of all rental payments received etc?

    I did ring VCAT and spoke to a person. She said I only legally have to send the VCAT application.

    What have other Landlords sent in the past?

    Wizz
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    You have to send stuff to tenants there @Lil Skater ?

    We just apply to sacat here and they send everything to other party.
     
  3. Lil Skater

    Lil Skater Well-Known Member

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    Technically only the application :)

    But I'd be sure to put everything you're claiming in the application and you'd need to provide invoices and such at the hearing anyway.
     
  4. Wizzbef

    Wizzbef Member

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    Thanks Lil Skater.
    Application already done online.
    Will send signed copy to Tenant tomorrow Registered Post.
    Will be armed with evidence at the hearing. :)
     
  5. thatbum

    thatbum Well-Known Member

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    Is service done by registered post in Victoria? That seems unusual. What happens if they refuse to sign on receiving the paperwork?
     
  6. Wizzbef

    Wizzbef Member

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    I gave last known address (rental property) on application.
    When filling out application it states you must send via Registered Post.
     
  7. wylie

    wylie Moderator Staff Member

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    I'm happy to be wrong, but I thought actually sending registered post was all you need to do. If they are not living there, or won't sign for it, I thought it was still considered "delivered"?
     
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  8. Michelle Evans

    Michelle Evans Well-Known Member

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    Sending it via registered post is deemed to be served regardless of whether they sign or not. It’s good practice to post regular and email. I’m finding more and more members are asking what other steps we took to notify the tenants. VCAT members can ‘use their discretion’ on basically anything- they can make life difficult by adjourning the hearing to allow you to further serve a document if they think you haven’t made enough effort.
     
    AxeLy, Scott No Mates and Lil Skater like this.
  9. Lil Skater

    Lil Skater Well-Known Member

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    I haven't done a VCAT hearing in well over 18 months now, but last time I did I served via registered post, normal mail, email and SMS (well, technically MMS). It was all the exact same copy of the registered post one, I did include all types of ways the tenant was notified in my summary - it wasn't questioned and I don't think they even looked for further proof. It was a pretty straight forward DHS bond case though.

    But I have had prior where tenants have said they didn't receive the registered post and depending on the members mood have either been asked what other ways they were notified or they told the tenant too bad it was served.
     

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