VIC Tenant absconded

They can’t issue a notice to vacate for arrears, but regardless of the rule changes there are other processes they should have followed.

I don’t believe you need a CAV reference number for abandonment, but I’d have the agency contact them anyway to get one just in case. Otherwise when you get to VCAT the case will be adjourned. I’d just have all bases covered, and it doesn’t take long.

Not much you can do for now unless you can find another agent that would be willing to clean up the mess for you. Very least once VCAT is done I sure wouldn’t be giving them the property back, plus I’d make a complaint to CAV and REIV (if they’re members).

After the VCAT hearing I’d also be taking action against the agency for loss of rent - particularly given at this time there’s such high vacancy rates. The contracts are pretty tight, but if you can prove negligence you may have a case yourself.

Also, are you based in Victoria yourself? If not, agent will need to contact VCAT about this too.

 

The process the agency is following is:
1. Apply to CA for a NTV
2. Send NTV
3. Make application to VCAT

I'm not based in Vic. I've lodged an insurance claim and sent them all the details they requested, so I'll see how that pans out.

What sort of action can I take against the agency for loss of rent? Can I make them pay for the insurance excess? And what if I choose to use another agency once VCAT is done?

 

@Danny789 since you’re not based in Vic you will need the agent to call VCAT and confirm the process. There’s been an issue recently because of a case some years ago interstate which says that tribunals do not have authority to hear matters if one of the parties is interstate. I believe they just make sure a member of the magistrates court hears the matter, but I could be wrong as I have not personally done the process myself.

Why would you let them off easy by paying your insurance excess? I’d be having them cover the lot, or at least every cent that insurance won’t cover plus the excess.

If you choose to go with another agency, then that’s just what it is - they cannot withhold the file. Any actions you take against the agency you would need to do personally/through a legal representative as another agent cannot do this on your behalf.

 

Not sure I'd bother with an insurance claim, depending on how much longer it will take to be allowed to get new tenants in (and how much to change the locks!)

The RE has already paid you, what, 4 weeks rent was it? So right now you are only 1 week down on rent. If you can get someone in ASAP (with a new real estate agent), I'd leave it at that.

Does landlord insurance cover RE negligence anyway? If, by some miracle, you would want to stay with the same RE, I'd be proposing they cover the rent until a new tenant is found, and suggest that they thank you for the privilege of not shouting their names all over the place and having them shut down.

cheers,
Inertia.

 

No. They'll check TICA or other tenancy database, but it's illegal to look up someone else's criminal history, and it's not common practice for a person to be asked to provide a police certificate for a rental lease. It's also illegal for property managers or landlords to run a credit report.