VIC Theft by property agent

[waffle14]

A property agent came to inspect the apartment I am currently renting last month in July, I was in the home at the time when she was taking photos of my bedroom, I left the bedroom went into the kitchen waiting for her to finish, she was still in my bedroom for some time, which I thought was taking more photos.
But today I noticed in my cupboard where I stored some perfumes, 3 brand new bottles have gone missing, a total of $700 in total worth of perfume has gone missing. No one else has been in my room except the agent. I know it was her. What do I do? If I confront her what is the best way for me to make her admit it , all I want is my belongings back. What can I do as a tenant. By confronting her I also don't want to affect my future rental negotiation etc. But importantly I want my belongings back...and what can the police do even if I report it as I don't have concrete proof it was her..

 

[Nighthelyn]

Hi waffle14,

Unfortunately if there is no concrete proof it was the property agent there is nothing powerful or direct you can do.

Indirect things you may consider doing:

1. go to a police station and lodge a police incident report, put all the facts in an orderly account to the police, listing labels of the items, evidence they are worth $700.00 e.g. receipt, confirm as a matter of timeline that there was no one who has the ability to access and remove the items except her - it may be totally useless, or the police may be willing to make a query, or at least it is a record in the event something similar happened to this same property agent elsewhere historically or in future;

2. Post a negative review of the property agent business on google review - now you must be careful that any such review is factual, or reasonable opinion, and not specify the person to avoid defamation concern - don’t say agent stole stuff from you, say you have your bottles in your place, one of the property agent attended your premises, and after the inspection and you discover loss and there is no one else who had access to the property, don’t put the name of the person;

3. Post a negative comment of this agent business on tenancy website e.g. whirlpool etc again be factual, reasonable opinion and no specific name of the person - tell people to watch out and invite other people with similar experience with this same agent; or

4. If and only if there are other people with similar story as you - consider lodging a compliant with the Victorian fair trading - as discussed no point in doing so unless there is more than one person with the same/similar experience.

Unfortunately most of the time, if you have no proof, you have no legal options. But I have seen results on occasion via the above non-legal or at least indirect activities that invite them to negotiate terms to take down complaints/negative comments, but only if enough people make the same types of claims. Do watch the person who access your home next time.

Good luck!

-Nighthelyn