Real estate agency misusing rental funds.

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Relical86

Member
16 August 2023
3
0
1
Laverton north
Hi.
I have multiple commercial tenancy agreement with one particular agency and have been made aware of severe issues in our accounts.

Four months ago we were approached by our agent claiming we were in arrears.
Though I was positive I had been in advance.
Regardless I paid a further $15,000 in rent in order to "catch up"
2 months later I was threatened with eviction as I had not paid any further rent.
I then went through my transaction records and began to calculate the total on my own.

I calculated a total of $153,400 had been paid over 24 months.
The rent and outgoing combined for all properties totalled $114,000
Bond required was $6870
There was a huge discrepancy.
I argued for a further 2 months with the agent before calling the vsbc.

The vsbc have been quite helpful in mediating and have finally forced the agent to locate the missing funds.
The agent claims to have charged a further $5000 bond for one property though I have proof the original bond of $5080 was already paid.
The agent then claims a further $4500 bond for a property I ceased leasing a year ago, yet apparently the bond wàs not returned from the trust.

Then the final $15,600 was attributed to someone else's property.
The funny thing is I did in fact share that particular factory with it's existing long term tenant after the property was transferred to a different agency.
Though i had never signed a lease for said property with the original landlord and am baffled to find they are able to allocated funds from one of my properties to pay someone else's debt.
And then threaten to evict me because they have misplaced funds.

Does it sound like I have a case and if so what would be the best way to handle it?
Vcat? Commercial lawyer?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Based purely on your email, yes.

Unclear if VCAT have jurisdiction, there have been some recent cases denying jurisdiction to VCAT, but regardless of whether it is VCAT or a court, we can assist with this kind of dispute. See my signature below and contact our office for a no obligation consultation.
 

Relical86

Member
16 August 2023
3
0
1
Laverton north
Based purely on your email, yes.

Unclear if VCAT have jurisdiction, there have been some recent cases denying jurisdiction to VCAT, but regardless of whether it is VCAT or a court, we can assist with this kind of dispute. See my signature below and contact our office for a no obligation consultation.
Hi are you able to message over your contact details to arrange a consultation.
Thanks
 

CheokMack

Member
17 February 2024
1
0
1
I'm truly sorry to hear about the ordeal you've been through with the real estate agency. It's utterly unacceptable for them to mishandle your rental funds and then threaten eviction due to their own errors. It sounds like you have a solid case against them. Considering the severity of the situation, seeking advice from VCAT or consulting with a commercial lawyer would be advisable to address this issue effectively. If you're still exploring property options, you might want to consider looking into Beach Residences Dubai Palm. It's been garnering positive attention lately. I hope you're able to resolve this matter swiftly and in your favor.