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I have question regarding landlord's rights in Victoria.

Hi I have question...

Hi I have question regarding landlord's rights in Victoria

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Currently with VCAT but as far as I can tell the tenant can keep requesting reviews and string the whole process out for a considerable period of time while we lose more and more money in rent - particularly given we are heading in to the holiday season

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Issue is with unpaid rent

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Answered in 5 minutes by:
11/20/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,340
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Do you have a copy of the points if claim was filed ?

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Customer reply replied 8 months ago
Hi John
Case taken to VCAT for non-payment of rent. (3 months worth and growing) VCAT ruling in our favour although tenant didn't bother to show up. Once application was made for warrant of possession was made this was cancelled due to the tenant requesting a review (scheduled for next Tuesday). As far as I can tell they can continue to string this review payment out for a considerable period of time - fair chance they won't turn up next week (wasting our valuable time) and then, if I understand correctly they have to go in to lodge an request for review. All the time the unpaid rent is building and with Christmas approaching I fear they are using the system to maximise stalling time while we lose money. Do we have any recourse via other avenues other than VCAT which seems heavily stacked in the tenant's favour!!! We have been reasonable landlords sorting out 1 x issue for the tennant when they moved in and they have not paid a single months rent!

VCAT is your only option under the residential tenancy act.

can you upload your points of claim, so I can look, as this is where you usually win or lose the matter at first instance.

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Customer reply replied 8 months ago
Sounds like we need to let VCAT take its (lengthy and frustrating) course! Will upload the VCAT order as that has the tribunal findings on it - will that be satisfactory?

yes the order will be good.

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Customer reply replied 8 months ago
Just emailing it to myself so I can send it on to you!

ok

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 8 months ago
Order attached

ok i will review now

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what you can do it consider suing for civil damages at the Magistrates Court.

i recommend we talk about this on the telephone first in more detail to allow a better understanding on the approach.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,340
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 8 months ago
thanks - I assume I claim the offer to facilitate

Numbers are displayed.

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Customer reply replied 8 months ago
will call mobile now

ok.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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