VIC lawyer to represent NSW resident landlord

Discussion in 'Legal Issues' started by MAP, 8th Mar, 2021.

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  1. MAP

    MAP Active Member

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    Hi All

    I have a property in VIC and have issues with the tenants. VCAT have refused to even listen as I am not a VIC resident and they advised me to get a lawyer. Does anyone know of a VIC lawyer with this experience?

    I am a NSW resident.

    Thanks in advance
     
  2. skater

    skater Well-Known Member

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    Do you not have a Victorian PM who looks after it?
     
  3. MAP

    MAP Active Member

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    I do, they run a private practice and do not know of any lawyers who have dealt with such an issue.
     
  4. skater

    skater Well-Known Member

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    @Lil Skater why would VCAT be requesting a lawyer?
     
  5. thatbum

    thatbum Well-Known Member

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    Scott No Mates likes this.
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Try @KateAshmor
     
  7. MAP

    MAP Active Member

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    I am guessing that because VCAT can't help me with say an order for eviction, I have to get one from the court, and so I will need a lawyer's help.

    I wonder if I now have powers to evict without a VCAT order, if they are saying they don't have jurisdiction.
     
  8. MAP

    MAP Active Member

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    Thanks! I've sent her a message.
     
  9. MAP

    MAP Active Member

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    update: nope can't evict without any court order. I found this on the NCAT website, and would assume the same applies for VCAT.
    "NCAT lacking jurisdiction does not permit informal eviction. It is still an offence to enter premises to take possession from a tenant without a Tribunal or Court order (section 120 of the Residential Tenancies Act 2010)."

    The gap in NCAT’s jurisdiction and what it means for tenancy
     
  10. Lil Skater

    Lil Skater Well-Known Member

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    Yep, huge gap in the system. Mentioned it a few years back at a VCAT presentation with members and it was ignored with them saying they consider themselves a court o_O
     
  11. MAP

    MAP Active Member

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    Update:
    I spoke to a lawyer who said that as VCAT cannot help, I will have to go to the magistrates Court. If the tenants do not cooperate and I need to start legal proceedings, I will be able to claim legal fees from the tenants. If they appeal the legal fees with the court, the court is able to cap the fees that can be claimed. Lawyer said I am looking at around $1800 for the legal proceedings. I'm hoping it does not get to that.
     
  12. Tattler

    Tattler Well-Known Member

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    I am not sure if other states have similar issues, but this situation is ridiculous. I have similar risk as I have 2 IPs at VIC. It meant that picking good quality tenant becomes even more important, even if it meant renting out later than expected.

    I wonder if landlord insurance will cover court proceedings though.
     
  13. MAP

    MAP Active Member

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    100% agreed - need to be very careful with tenant selection, even if it means to drop the rent. I figure the longer this legal loophole is outstanding, the more tenants will learn of it and start to abuse it.
     
  14. shorty

    shorty Well-Known Member

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    It's an issue that could potentially work against the tenant though, as a magistrate might not favour the tenant as much as a tribunal might.