VIC Tenant false accusations against landlord

I had the same thing happening to me...the tenant was telling a tenancy union rep who was on the sly telling the members. Tenant was telling NCAT staff on the phones, neighbours..everyone...that I was doing all these horrible things, even when I was 8 hours drive away etc.

During a directions hearing that tenant used union rep to represent her in her abscense, the member stared me out and said if these accusations are true you will be up for a lot of money Ms ......., instilling the fear of God and upset me immensely.

Same type of person: pathological liar and psycopath. Insincere charmer who charmed the socks if everyone & had them believing her...even used an excuse to not turn up at a hearing for my application for non-payment term & possession as 'having a stroke & was in hospital' 36 year old, of course it was adjourned as they believed her 'without proof'.

This played out for 4 months and allowed tenant to end up with in excess of 3 months free rent.

To get to the points...

1. EMOTIONAL EXHAUSTION, DISBELIEF
You end up here a frazzled emotional mess trying to ask for help and find it hard to focus, because you have a whole group of people convinced you are a horrible and criminal type of person & unless one has been through it...few understand, but you will get there in the end.

2. PROCESSES OF TRIBUNAL Numerous times in my case the tribunal failed to follow their own processes such as in your case. For me it was the tenant not seeking my agreeance on adjournments nor the tribunal asking me either, if they had done so, I could have shot her reasons in the foot. The hospital I could only find out after the fact...no one by thst name in any hospitals in the area.

After many phone calls to ombudsman offices etc, I used the tribunals complaints process where you could really only make a complaint about their processes...I could not say 'the tribunal is siding unfairly with the tenant...so I referred to their processes and pointed out where they failed to adhered to them and stated what I would have pointed out had the processes been followed which most likely would have affected outcomes.

I assume similar in VCAT. The registrar or deputy views this complaint and in my case it made a difference and the way they treated me at the following hearing took an about face.

It was the first time I needed to deal with tribunal in such depth and was a steep learning curve and cost a lot of time and lost rent, wished I'd have figured it out earlier.

3. FUTILE ACCUSATIONS
I think you have been let off lightly here, as tenant has already withdrawn her application re bullying and harrassment. I highly doubt they will lodge in future. If you did not do any of those things then they will not have the proof. Generally they won't get anywhere on hear say. I think you can breathe a sigh of relief.

She just did it to paint a bad picture and weight everyone against you and it worked. As long as you have the proof re damages etc and present it the way they ask for it, you should be fine there too.

In my case it dragged on and on and on and as I was in middle if relocating my life I was stuck in the area with no permanent set up to sit down and prepare my defense. Which in the end cost me $500 in printing, computing alone. Not including accomodation expenses etc.

I had to do all if this collating of evidence 'without' a copy of their proof or even a list of accusations. I was left wondering what on earth are they going to conjure up in their efforts to try and prove things that didn't take place...photoshop?...anyway...trying to keep it short as poss...

Two days before the hearing she emailed (meant to post) some 'witness statements ' full of absolute hear say (lies). Not even stat decs....so basically had 'nothing '.

Tenant didn't even show up to her own hearing...never was going to...just used her psychopathic charm and tribunal processes to buy time and free rent.

I do actually believe though that part of her initial plan was also to try and get 1,000's of compensation through the tribunal from me ... but didn't follow through & likely said to a few others look say this and this and I'll give you some of the $ when we win!

Finally the tribunal and tenant union rep could see the truth!!! But not before one has gone through hell.

* I hope you get the chance to let the truth be known and let the doubters see the light.

* So I don't think you need worry about her claims as I've said.

* I hope your tenant has some assests the sherrif can cease or at least a job to garnish her wages re damages.

Good luck in there.

(OOPS - Apologies for long long winded post and prob a bit to much on my story. So terribly hopeless at summerising...but is also meant to be a share).

 

Thanks for sharing. It’s a hell lot! Can you sue the tribunal? Sue her back?!

 

I doubt can sue the tribunal, although they are directly responsible for facilitating then tenant in her pursuits and causing me financial loss, not to mention the mental and emotional stress!

I'd like to think I will find the time to pursue it all with the government department's ombudsman, even just to bring the actions of tribunals into the light, as it is clearly happening a lot & as the OP says, in VCAT as well.

Very tenant weighted and goes against the purposes of the tribunals...especially in relation to 'fairness'.

Re tenant... She has been ordered to pay rent arrears & I am yet to apply for her to pay damages.

I will however, have to pursue the debts via the magistrates court & likely end up with $50 a fortnight for many years and having to chase it up each time she defaults on that! Long and drawn out and hardly just!

Thx
Sha

 

Yes you are right. The less I hear that name, the better and time better spent otherwise.

I shall research this, never having to deal with such agencies before. If anyone can recommend a company/individual please do.

Thx

 

Barclays has a reasonably good reputation and specializes in residential tenancy recoveries. Give them a call.

Barclay MIS

 

You're lucky to get $50 per week.
It's going to be like $5 per week.

The system just sux, but what can you do.

You can't sue the tribunal for negligence no matter how bad. Well you probably could, but it would be futile

I remeber I had a case, where tenants heater was broken, sent out repairer over 6 times.
Often she didn't let him in, i got charged the call out fees.
Then got taken to court and had to pay for compensation.
I submitted a diary of every invoice every time and date and time of every failed attempt

 

Wow TMT...no words!

 

ThxTom