VIC Landlord Dragged me to VCAT with wrong charges

Discussion in 'Australian Consumer Law Forum' started by Fahad_Masood, 24 October 2018.

  1. Fahad_Masood

    Fahad_Masood Member

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    HI All,

    I need to discuss a case in which I never wanted to be indulged. As a summary note my LANDLORD has dragged me to VCAT and made the following allegations against me :

    1. I haven't paid the Rent since 20th July 2018 (My renting cycle was from 24th - 23rd of following month)
    Response: I have paid the rent on 24th July 2018 appearing on his ledger and also have bank receipt for that.
    2. Requesting VCAT to give my full bond to him
    Response: As the property was unsafe and I had to leave within few months of lease start I requested the last month rent (24th Aug - 23rd Sep) to be adjusted into bond and that was accepted. I have written email of approval. Once I left the property I was chasing myself to get the bond money signed so it can be given to owner asap.
    3. Further compensation of rental arrears of $240
    Response: I was support to move into property on 24th April 2018 and paid my first month rent accordingly. However, the property was not cleaned and it was in a great mess. All the rooms were full of dirt and around 87 photos were shared with the Property agent. The agent requested me to not to move in and he will arrange a cleaner. The property got cleaned on evening of 27th and thus i was not able to move into the property for four days. I did claim time and again for these 240$ compensation and finally I deducted from one month's rent and said (on email) that lets go to VCAT to decide. The agent didnt respond at that and now he is claiming it.
    4. Further compensation of $341 as they paid the professional cleaner for GENERAL VACATE CLEAN on the 4th day of tenancy start
    Response: When we decided (in written) that I will vacate the property it was agreed that I shall leave the property as much clean as I got. Only floors were mooped initially in general vacate. The previous tenants garbage was never removed (I paid for the removal), the outer garden was never cleaned it was a big mess (I paid to get it cleaned). Wardrobes were full of dirt and doors were also not cleaned. Now the day I left I mooped all the floor all the cabinets were cleaned and agent did agree that yes property was clean but i forgot to remove 2 small tooth brushes and one cloth from inside and also didnt empty the bins so they want me to pay $341 as they had paid then.


    My wife was expecting (7th Month) when we moved into this property and for 5 months we had faced issues
    1. bathroom leakage & brokedown
    2. garage roof leaked and broken
    3. Leakage in laundry room
    4. electrical sparks of and on
    5. walls cracking
    6. Locks not working properly
    7. HEating system not working because of faulty system and no insolation
    8. Pest and insects problem
    9. had to pay from my pocket for removal of previous tenants stuff/furniture outside garden cleaning, electricity cost for repairs.
    10. Since my wife wasn't well I had to take off from office from the bathroom and garage repairs

    but still I wanted to finish of without claiming for any compansation. Now with this lie accusation that I haven't paid any rent after 20th July, $240 Claim and cleaning $341 claim, I have also filed a compensation application against the landlord.
    I have around 75% of communication on email and documented with agent. Have all those first day photographs.
    Tomorrow is my hearing at VCAT want the feedback from lawyers how strong is my case and do i really need to pay $341 as they paid to a professional cleaner or as per the rule if I have left the property clean it should be acceptable (considering the fact it was more clean then what I got). Also am I wrong in claiming those $240 as the property was in a big mess.

    Secondly, I am thinking of filing a case against the Agency as well as they have not performed their duties well. Also once on phone agent was in high tone said to me "You should be thankful that landlord gave you a home to live". I brought this on email and he apologied for those words. But this clearly shows there attitutde.
    I have also prepared a sheet of 5 months and there was not even a single day when the property had no issues.
    Please if any lawyer can guide me for vcat case tomorrow, also pursue with me to file a compensation case against agency as well.

    Thank you.
     
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