VCAT and landlord

[RainbowRiver]

We have lived in our current home for the past 7 months. On day 3 we handed back the condition report + a request for maintenance. All the items were safety issues or things that would lead to issues (looking out for the land lords home basically).

None were fixed. We rang, emailed and filed requests again. Still nothing.

We dropped it for a month or so, then asked again, and again, and again and.......get the drift?

Real estate then started the 'we can't get in contact with the owner, the owner is sick in hospital, the owner is in financial trouble' etc

We then had an emergency, water pipe burst, and the real estate authorised a carpet layer and plumber to fix problems (water flooded 2 bedrooms + walk in robe), and the owner would claim on insurance.

Now we also have found out the owner has defaulted on mortgage repayments too, things aren't looking promising for us

Move to last month, all our original issues plus new ones still haven't been sorted, so we lodged a notice to vcat which gave them (owner) 14 days to complete all the work. They failed to do so. Vcat have now sent inspectors out to assess the issues. The owner have until next Friday to have started all the work again, if not, we are off to a vcat hearing and to seek compensation

Has anyone been through this process and what was the outcome?

[surprised]

No idea sorry but big hugs. You don't need to deal with extra stuff like this!

[ladybirdflies]

I cannot believe this is happening to you guys... I haven't been to vcat, just wanted to say... how crappy!! I hope it goes well xx

[black_rose]

I haven't been in that situation either but if it was me I would look at moving, if the mortgage isn't being paid either you probably have little chance of anything bring fixed or getting compensation even if you win.

[RainbowRiver]

We would rather move, but despite the circumstances, the real estate will charge us lease break fees and no doubt, stuff around finding new tenants in order to keep collecting un-necessary rent from us. They have been far from helpful or supportive of the situation.

The owner having no money will no doubt mean nothing will be fixed and a hearing will need to be heard. We've been told that she will need to pay compensation if we claim, this may mean we will get reduced weekly rent to make that monetary value up (and she won't get her usual rent income), the other option is, our rent will be paid into a special account held by vcat and she won't get a cent until all issues are fixed to OUR standards.

I can't see it being a quick process. I'm concerned about the bank for closing on the home as well, the inspector said should that happen, we will be served a notice to vacate within 28 days

Im very stressed out, I have so many other issues going on, on top of this too

[Marley&Me]

This really annoys me. Time and time again I hear of this kind of thing happening. Tenants waiting months for important things to be fixed. A friend of mine has been in a place also 7 months and her oven doesn't even close properly. She has asked countless times and the owners say it's fine and it works. Theres a 3 cm gap between the door and the seal! So no it doesn't work!
It's really quite simple. if you CANNOT afford or are unwilling to maintain an investment property, DON"T buy one! Sorry, but this issue really boils my blood lol.

I really hope it all works in your favour, none of this is your fault and you shouldn't have to deal with it

[Amity]

If there is foreclosure you will get more than 28 days notice.

[RainbowRiver]

If there is foreclosure you will get more than 28 days notice.

I thought as much, from sites I've read, our lease should still be honored til the 12 months is up, but was in legal jargon and went over the top of my head

[RainbowRiver]

Thought I'd update.

Surprise surprise, the landlord still hasn't done anything. Vcat are aware of this and are now preparing a report so we can head to a hearing. The real estate have turned nasty and are not impressed we went to vcat and keep asking us to 'give us just another week'. That was early last week, and nearly end of this week and still, nothing has been done. No tradies, no quotes and no contact from them.

We are wanting to just break our lease and go elsewhere. So many other places around here, cheaper and in better state then this house.

[black_rose]

Tell them you won't go to vcat if they let you out of the lease without penalties, advertising costs etc.

[RainbowRiver]

Black_rose, that's what DH said we should do this morning. My fear is they will just cause problems and we wll end up in a worse situation somehow. We are in the right, yet getting no where.

[Jaycee]

I wouldn't recommend "doing a deal" with them to let you get out of your lease without anything in writing, there are so many dodgy property managers out there it's not funny!

[RainbowRiver]

So, an update!

VCAT stuff ends this Saturday, and nothing has been done!

we have a new property manager who has only just taken over this week, and she's fantastic. In 4 days she's called the owner everyday until she finally answered. We had an inspection this morning and the PM listened to every single problem we had. She again called the owner and basically told her to get her act together or we were moving out.

Surprise. Surprise. The owner is now fixing the floor and will be installed in the next 2 weeks, will get the date on Monday. Our cracked showers are going through insurance and will be fixed ASAP too.

The PM has also given us 'priority' on another house if we want to move, and no problems with breaking the lease.

Apparently our old PM got fired last week for rude conduct and behaviour