VCAT Application Advice

I now have to take my ex-renter to VCAT and am preparing my application.

I'm not sure the deadline by when I have to submit the application? Is it with 10 days after move-out date/end of rent agreement? Or 10 days after she changed her mind about paying for damages (after first saying yes)

How much information is too much information in the application (relevant as it shows the renter's conduct in trying to hide the damage; lies and deception)? I have everything in writing, photo evidence etc. I have gone over and beyond what the law requires me to do. I even paid $70 to a cleaner to clean the mess she left behind.

I had initially decided to bear the cost of damges and asked renter to just pay $200 out of her bond for carpet (food and pet poo stains) and vanity damage (hair dye).

She refused my overly generous offer. Not just that but made a lot of false accusations and threats.

So, I am now seeking costs based on quotes received/actuals which is significantly higher than even what her bond covers. Let VCAT decide.

How detailed was your application?

Thanks for any advice or pointers.

 

Your mother sounds like me

 

They will what to know what happended and also what you have sought to remedy the situation and their reply eg false accusations and threats. Bullet points avoid rambling confusing stories. Label each image so its easily located and referred to in SAME document. Make their job easy. Tribunals like to see you attempted concilation rather than dug your heels in. . As @wylie says keep it very simple and easy to follow and yes pics help. The tribunal can always ask you for more info or ask questions. Leave all opinions and views out of it.

 

Thanks very much. How much time do I have to submit my VCAT application? I am worried I might be late by a few days.

 

Tel:1300018228

 

How confident are you in your actual legal causes of action?

What actual legal obligations have been breached?

And then did you calculate the losses arising from those breaches correctly?

 

Renter caused damage (window, vanity, carpets)

Renter hid/concealed the damage (Sections 61, 62 and 63 ?)


Renter gives 28 day notice (a day after she broke the window and concealed the damage) to vacate saying mother very ill, incapable of looking after herself and she is going to be principal carer. I helped her end her rent agreement even before her notice period ended.

Renter lied about window damage when found out (10 days later) and said it happened just the day before when she gently tried to open and it just 'popped our'. Her Co-renter said it happened 10 days earlier (a day before she gave her notice). When confronted she said she doesn't remember when it actually happened as she had been very unwell and it was her boyfriend who broke the window when he "gently and normally tried to open the window"

Agreed to pay for damages. Changed her mind after moving out and said broken window is fair wear and tear and she will report me to the Renters Association. Made several baseless accusations and threats.

Turns out her mother is fine too, met herat the property when I was there with the glazier. She said she was in good health and was there to help with cleaning (there was an OFI that day) ha

I have been very conservative in my calculations.

Window repair cost is on actuals, have the invoice. Sent her the quote I received. Then requested the glazier for a lower price which he agreed.

Carpet: Quotes received on Airtasker for stain removal. Not replacing carpet. Gave her the option to bring her own professional carpet stain remover to remove stains.

Bathroom Vanity: Cost of similar 2nd hand unit+transport+disposal of existing unit+labour - all quotes from Airtasker and listings on Marketplace/Gumtree. Also gave her the option to remove stains and/or repaint the vanity with 2PAC paint. Also, evidence to show my purchase/bills for cleaning/stain removing products to try and remove the stains myself.

Sorry for the typos - typing with one hand as I have my right hand in a cast.

I had actually offered to deduct just $200 and return her remaining bond. She got greedy. I am claiming full costs as per above and it is much, much more than $200.

 

That's not quite the legal standard though. It has to have been caused either intentionally or negligently. How have they done that?

Is this relevant?

Any of this relevant either?

Is there a claim for cleaning? And have you depreciated the items that have been damaged?

I'm not sure what you're planning to include on the initial claim paperwork but the short version you've posted could be a lot better.

 

Thank you so much for your help.

Going with short version - Date, bullet points, photo evidence. The extra information was just to give you an idea of the type of renter I am dealing with.

The glass pane has been fixed. The window is sliding smoothly without any problems. The only way the glass could have broken was if pressure was applied on pane itself to force open a locked window. The window could never have just 'popped out', the lock was unscrewed/removed from the window in order to remove it from the frame and put it away in the garage. I will take a video of the window opening and closing smoothly. Not reporting damage is also an act of negligence?

I am asking for cleaning/stain removing charges not replacement of carpets. So not sure why I should consider depreciation.

Vanity - again, not buying new. 2nd hand costs $100-200. She has option to repaint/resurface the top. Mainly labour and delivery costs. 2nd hand units are cheap. Not depreciated.