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I have been trying to put in a request to speak with

Customer Question
Hey. I have been...

Hey. I have been trying to put in a request to speak with somebody re a friend of miine, 73 yrs old, who has been put under threat of eviction in 5 May. I've tried to speak with somebody, put in credit card info, but then I ve been getting a form that is only allowing e to enter a US number...and I'm from Australia. So 2 thing--1) how do help y friend --she live in Melbourne--and how do I do this thanks? I have switched to my computr to see if that helps.

Lawyer's Assistant: Have you talked to an Australian lawyer about this?

No. I just found out about her situation yesterday; she is in shock.

Lawyer's Assistant: What steps have you taken so far?

And she is a pensioner who has very little $$. This is my first step. as I said, I just found out about her situation yesterday

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

Just her own conjectures, but they wouldn't be relevant from a legal point of view. I have already done this. Are you a human being at the end of this text, really?

Submitted: 28 days ago.Category: Australia Law
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Answered in 5 minutes by:
5/28/2018
Solicitor: John Melis, Lawyer replied 28 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,128
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 28 days ago

I am here to help you, I will draft you a reply on how to combat the eviction.,

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Solicitor: John Melis, Lawyer replied 28 days ago

Generally, a party will have the right to apply to the Victorian Civil and Administrative Tribunal (Tribunal) for an order if there is a dispute. The Residential Tenancies Act 1997 (Vic) specifies in detail the situations in which this right exists and the orders that the Tribunal may make. The Tribunal may also order that compensation be paid. Rights under the Act must be exercised quickly as otherwise they will be lost. The time periods for exercising some rights are as short as 7 days.

Applications for compensation in Victoria may be made by a landlord for loss of rent (s 213A) as well as for loss and damage: s 213B. There is also a general right of a party to a tenancy agreement to apply for compensation for loss and damage suffered due to a failure to comply with the tenancy agreement

The Tribunal must consider, as a question of fact, the circumstances before it and determine what compensation is appropriate for the disappointment or distress suffered by the injured party. The Residential Tenancies Act 1997 (Vic) sets out a range of things the Tribunal must consider in hearing an application for compensation, such as whether the person applying for compensation took all reasonable steps to comply with their own duties under the Act and whether or not the party consented to the breach by the other party.

The Director of Consumer Affairs may make an application to the Tribunal on behalf of a person who gave a notice for a breach of duty seeking either an order for compensation or for compliance with the notice.

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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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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