Tribunals- case study
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School
Central Queensland University *
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Course
1302
Subject
Law
Date
Nov 24, 2024
Type
Pages
3
Uploaded by veerta197452
TRIBUNALS- CASE STUDY
Property Address: 216 Main Street, Sunshine
Tenants: Abby Hammond and Jamilah Abadi (joint tenants on the lease)
Bond: $1,800 (paid jointly by the tenants)
Rent per week: $365 Rent due date: 15
th
of each month
Abby and Jamilah have been renting the property for three years and
during that time you haven
’
t had any problems. On 20 January you
received notice from them that they would be vacating the property on 22
February. The rent has been paid up until 15 February. On 15 February
Abby drops in the keys and leaves a message with the receptionist that
they have vacated the property a week earlier than expected.
You inspect the property the next day and while the house is generally in
good condition, you observe the following:
there are some indentations and small scratches in the timber floors
the carpets have not been steam cleaned as required
the front lawn is overgrown and has not been maintained as
required as part of the tenancy agreement
there are several boxes of rubbish left in the back yard
On return to your office, you email Abby and Jamilah and request the
following:
payment of one week’s rent due as per the notice period
floor boards to be polished
carpets to be steam cleaned
front lawn to be mown
rubbish removed from backyard
Jamilah emails you back and tells you that she actually vacated the
property two months ago, so she isn
’
t responsible for either the rent or
cleaning costs. She requests that her half of the bond be refunded
immediately.
You haven
’
t heard back from Abby.
You obtain the following quotes:
Sand and polish floor boards - $1250
Carpets steam cleaned - $350
Lawn mowing and rubbish removal - $120
Information about undertaking mediation
In my experience, the mediation services are often used in landlord-tenant disputes.
Mediation such as the path followed for Victorian retail tenancies, facilitated by the
Victorian Small Business Commissioner, would be an appropriate model for dispute
resolution. This is because tenants could be put in situations where they feel pressured
to accept a suboptimal outcome in the process.
It is acknowledged that the parties to a dispute could, if unhappy with the outcome
from mediation, have recourse to the tribunal but this seems counter to the main goal
of seeking alternative forms of dispute resolution
–
i.e. that it saves time, costs and
lightens the load on VCAT.
Again, making CRT mandatory yet allowing an automatic appeal process has the
potential, like compulsory mediation, to simply add another level in the process of
resolving tenancy matters, increasing the associated costs and time, and not reducing
the pressure on VCAT.
A list of some of the Acts & Regulations that may influence the dispute
Residential Tenancies Act 1997, VCAT act 1997, the
Building Act 1993
, Building Regulations
2006, the Building Code of Australia, and the
Public Health and Wellbeing Act 2008
.
Issues such as vermin, leaking showers, mould, lack of security including broken doors and
windows, overcrowding, faulty smoke detectors, dangerous gas heaters, asbestos, inadequate
egress, dangerous wiring, absence of light globes, general filth, dilapidation and rubbish are
commonly reported in both registered and unregistered rooming houses.
Information about Civil and Administrative Tribunal or Court Applications incl. the Governing
body in Victoria, and the timeframes
Renting a Home
It is always best to start a claim as soon as possible while events are still fresh in the
minds of the people involved.
A landlord should lodge an application to claim the bond within 10 business days of the
date when the tenancy ended.
A landlord applying for an order of possession must do so no later than 30 days from the
termination date on the notice to vacate.
A tenant applying for non-urgent repairs must be made within 60 days after receiving
the report from the Director of Consumer Affairs Victoria.
Check the Residential Tenancies Act 1997 for any other time limits.
If you apply outside of the time limit, you need to request a time extension as part of
your application by quoting section 126 of the Victorian Civil and Administrative Act
1998. VCAT will not always grant your request for a time extension.
VCAT application
Description
Section
Explanation of section
Bond and compensation
–
Landlord
The landlord wants money
out of the bond and for the
tenant to pay further
compensation.
417, 210
Copy of the RTBA receipt,
copy of a condition report if
required, copy of an ingoing
condition report if required
Bond
–
unpaid rent and loss
or damage or both
–
Landlord
The landlord wants money
out of the bond for unpaid
rent, or compensation for
loss or damage to the
property.
417, 418, 419
Copy of the RTBA receipt,
copy of condition report if
required, copy of any
quotation, account or receipt
you may wish to rely on
Reimbursement for repair
costs
The landlord wants to be
paid back for repair costs.
452,79(3)
Copy of repair notice
provided to tenant, copy of
the order alleged not to have
been complied with, any
copies of receipts for repairs
you may wish to rely on
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