VIC Tenant false accusations against landlord

Hi,
I have an ex tenant that was extremely difficult during the entire tenancy.
Already left the property 2 months ago. I made a claim on the bond thought VCAT. I could get $1,200 but we'll below what I was expecting.
As soon as I made the claim on the bond, the tenant put a counter claim for bullying and harassment and being without an oven for 3 months. None of these things are true. Both of them are false accusations are they are demanding $1,000.
This is in regional vic and self managed.this tenant is a serial liar and manipulates everybody. She is installing all around the town that I am a bully.
How do I deal with false accusations, when people they that I had NO contact with, or min. contact (without any problem) they now started to repeat this after this tenant approached them?
I could contact previous property manager who gave me bad references (too late now and my mistake.Please do not add anything) or previous owner who could give me a pattern of behaviour? They will say confidentiality issues. How can I overcome this?
Thanks

 

...tell the tribunal it isn't true?

Ever heard of the saying "doth protests too much, methinks"?

 

I wasn't treated well during the hearing despite all the damages done to the property. It was like I was the "wrong doer" and had justify why I want compensation on damages. The ex tenant was not questioned or asked anything.

1) I was feeling I was a criminal there despite the damage was evident.
2) I feel that if I say "it is not true" I won't be heard.
3) During the bond hearing the other party negotiated with the member in my absent a withdrawal of the hearing with the possibility to open it in the future at any time. I wasn't notified at all. Can a member negotiate this in my absence or without my consent?
4) I wasn't told the other party was going to be represented. I don't believe this is right.

Because all the above, I don't have a good feeling. False accusations, defamation, character assassination does occur in this world. I feel this can take place during the hearing, even more if the other party has all contact in the industry of a small place...

 

That's how a compensation claim works. That's how practically our whole legal system works - the claimant has the burden of proof.

Maybe get some legal advice if you're worried, but my impression is that you're probably overreacting. Courts and tribunals will generally stick to the relevant issues, and are pretty good at sorting fact from fiction.

What else do you want to do or want to happen exactly?

 

Sounds bad, but this is exactly why self managing is not a good idea. Self managing is easy when all goes to plan but does it ever???

 

The Tribunals don't generally allow legal council to represent the Lessor, suggest you find yourself an experienced LREA who has good working VCAT knowledge that can litigate the case for you. With the greatest respect and making a blind assumption from the way you write, I'm guessing English may not be your first language and this could be presenting a challenge for you to adequately articulate your side of the case? If this is the situation, finding a suitable champion to represent you seems like a smart move. An example might be to get your lawyer to act on your behalf as your interpreter

 

This is why i rarely recommend anyone self manage

You really need to know your stuff AND be thick skinned

 

Thec

When you go to the tribunal you point out to the referee/judge this is retilatory as you have taken them - you also point out there was no email no conversation previously with tenant regarding the stove nor any notice to repair notices issued to you

 

There is a lot of personal emotion and feelings in your posts. The best way to address these things is with fact, documentation, and records. Follow due process, don't get caught up in the "town politics" and whispers. The more difficult it gets, the less personal and emotional you can afford to be.

Without getting into a discussion on self management vs agent, removing the personal nature of these disputes is one of the advantages, particularly in a small town.

- Luke

 

During the hearing:
1) the tenant came with a lawyer and I never was told about this despite they should inform me and vcat. In vcat register there is nothing in writing that they will do this.

2) the vcat member didn't mention anything and even didn't give me the repr. name.

3) the tenant withdrew the claim against me but with the option to open it at anytime. They have to do this in writing before the hearing, and they didn't. The member already knew about this move. Vcat only allows this in very few occasions but always setsets a deadline. Here there is no deadline to come back.

4) during the hearing, the member was talking on behalf of the tenant, there weren't 2 parties and 1 neutral. There were only just 2 parties. The member was from the beginning very aggressive and ironical in the way she approached me. This behaviour was not displayed towards the tenant and it's layer

5) the tenant went sent her cleaner to rectified issued was physically and verbally aggresive towards me. I had to call the police.

6) as a retaliation, they went to the RE agent I engaged to find a new tenant, invented I don't know what, and that day the RE agent called to say they won't continue with me.

7) In case they come again with a claim, I don't believe I will have a fair trail. I'm still not clear if I want to make any move regarding the past hearing with the many irregular things that occurred.
For the moment, I will go to VCAT to see the entire files and documents.

 

Sorry, but nearly all of what you've described sounds just like mostly irrelevant and subjective impressions about the whole thing. You didn't even say what the outcome was.

Did you get the orders you wanted or not? It sounds like the claim against you was dropped, but you're still not happy?

How much tribunal experience have you had? You talk about things being irregular and not getting a "fair trial", but what is that based on?

 

have you taken any of the advice given above ?

 

I wouldn't worry too much. I had a tenant who was the same, kept texting me and leaving aggressive voicemails and threats of going to court (over nothing). I just ignored it and it's all quietened down. Better to let these people get the **** out of your life and then move on.

 

It is very unusual for a company to turn down a new management unless the property is in extremely poor repair, or the owner is one of those 10% of owners who take up 90% of your time and are simply not worth the business / stress. Even then- business owners often find it hard to let business go. I’d be very interested to hear the story the tenant told to convince the agency why they should not manage the property.

For any VCAT hearing, you simply need to stick to the facts and be calm / collected. Phone and email records, sit down and write out a dated diary of events and have it ready for the hearing just in case it does come back. If you become aggravated, defensive or even whinny at a hearing it can go poorly. A good property manager could advise, help you prepare for a hearing (not legal advice though of course, but VCAT is not a court of law).

Good luck.

 

I have taken a tenant to the tribunal in Vic. I listed all my claims and provided photographic evidence to support every claim. The tenant lied a lot and the photographic evidence disputed her claims. The tribunal member made the comment that he couldn't believe we were talking about the same property, couldn't decide who was lying more and split the bond 50/50. I was happy to get that much.

 

years ago, i had a 6-7 tribunal appearances for teh same tenant the first 3-4 were all adjourned for some bs excuse
here is what the outcome of 6-7 tribunal appearances resulted in

- tenant complained of a broken oven (it was broken) fixed under warranty,
- followed by, it still doesnt work, when it worked,
- manufacturer sent out 2 separate locally sourced repairers, no problems
- tenant demanded it fixed, so manufacturer sent out a new better unit
- tenant complains the over is too hot, manufacturer now refuse to deal with me
- tenant demands someone come and fix something
- they refuse to let them in 3 times, I get charged
- finally when they get let in, they complain the tradie didnt look professional enough
- 2nd last vcat, outcome, tenant can pay half rent for the next 3 months until they find a new place, but the lease is still in place
- tenant demands another electrican to go out, PM assures and informs that they informed them if there is nothing worng with it, they will get charged, and worst case,tribunal will award me the costs,
- $90 later, the 3rd electrican report, says oven is fine
- another adjournment
- finally tribunal date, costs for multiple tradie not allowing in are not granted, electrial report fee not granted, add to insult, they now have 30 days to leave, and they only have to pay HALF of the HALF they are paying, so the rent is reduced by 75%

I even accused the agent of gross incompetence, (that didnt make squat difference and I wasnt i nthe positon to take the agent to court)

I have no faith in the system so now I go in with zero expectations

 

I found that an interesting part of the scenario as well. Always two sides to a story and this made me suspect there is a lot more to this one than what we are being told, or at the very least we are getting a very biased one sided story.

It is very difficult when these conflicts are occurring to take a step back and have a real objective think about what has occurred, particularly as it relates to your own actions. It seems everyone is against you - tenant, VCAT, adjudicator, cleaner, new PM, the town - when you are the common denominator that can be a little hint to try and have a look at how you are handling this from an objective pov. This is not to say you are necessarily in the wrong or that the tenant is an angel and you are treating them unfairly, it is simply to say that it may be worth a good think about a new strategy or a new approach to this issue or to future conflicts.

- Luke

 

Tmnt- I always advise landlords to prepare for the worst, but hope for the best. VCAT is horrible at times and very one sided (double standards)... worst cases we have tend to be for property managers who are tenants... or tenants of a minority group who play the race / victim card.

In your case though, with supporting evidence from professionals about how well the oven is working... not sure how they got the result they did. I’d offer to pay $5 for electricity and go bake some darn muffins to prove a point... take one in to VCAT.

 

I dont know too, to be honest, Im assuming they dont give logical reasons or reasons at all, its take it or leave it decision

as for muffins, id also expect a food poisoning million suit against if the tenant ate one too, or possibly a I ate one of their muffins and it was soooooo good that now I cant eat anything normal, landlord owes should be paying for my food the next 12 months!