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  Reply # 1240428 16-Feb-2015 21:27
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I went to VCAT (Melbourne version of Disputes Tribunal) a few years ago when we moved out of a rental over there.  We had professional cleaners come through but the rental agent said he wasn't happy with the job, I said we'd fullfilled our responsibility by getting them in and gave him the number of the cleaners. He didnt ring them of course and this point was dismissed quickly in my favour at VCAT.

I was also good friends with our neighbour, who became friends with the new tenant (VCAT happened about 3 months after leaving), so the night prior to VCAT I visited the unit and photographed things that were being disputed.  It was awesome to see the rental agent face drop when he said that the laundry sink needed replacing due to damage, and be able to reply "well it looked fine last night, here check the photo".  He only ended up winning 2 points out of about 10 and I'd conceded in earlier correspondence that those 2 were my responsibility.

There was a class of legal students observing proceedings during the day and my case was the first one where both sides had turned up.  In the break while the judge person (not actually a judge) was deliberating they were discussing outcomes, and all of them were ruling in favour of me.  Good feeling.




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  Reply # 1240431 16-Feb-2015 21:32
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yep i just want to get along with the process and try and accommodate where i can but be firm when its really truely inconvenient. a couple of showings a week or an open home, well its life really.



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  Reply # 1285400 16-Apr-2015 10:19
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Just an update.

The house is still for sale, we are looking for somewhere new.

The landlord said no to rent reduction. Then when applying for new properties has said some untruths, I presume so we dont get them.

Is there a small claims court for when someone does such an action?

Mad Scientist
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  Reply # 1285413 16-Apr-2015 10:37
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What are you trying to dispute in court?




Swype on iOS is detrimental to accurate typing. Apologies in advance.


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  Reply # 1285417 16-Apr-2015 10:39
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tenancy tribunal?



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  Reply # 1285457 16-Apr-2015 11:03
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joker97: What are you trying to dispute in court?


flat out lies which may prohibit us from gaining a new rental.

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  Reply # 1285466 16-Apr-2015 11:14
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TeaLeaf:
joker97: What are you trying to dispute in court?


flat out lies which may prohibit us from gaining a new rental.


Err how on earth could that be?
Obviously details may not be appropriate to share here, obviously use your own gauge for that, but I'd fail to see how it's possible. Are you sure you aren't over reacting?




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  Reply # 1285482 16-Apr-2015 11:31
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Nope agency rang us and told us what was said as they were concerned we werent suitable. To the contrary of what was said we have documented proof of the opposite.

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  Reply # 1285497 16-Apr-2015 11:47
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TeaLeaf: Nope agency rang us and told us what was said as they were concerned we werent suitable. To the contrary of what was said we have documented proof of the opposite.

Forward them to this thread haha.


In all seriousness though, I've had this happen to me with work referees before, used my boss as a referee when applying for a new job, had the prospective employer ring me back saying that my boss was saying stuff about me that would lead to them not hiring me, new employer immediately called bulls&&*( since I was still employed there and let me know what they were saying.


You can take them to court for defamation if what is being said is bad enough but that is at best a stretch unless you can get what has been said in a recording or similar. One way would be to have a friend ring your landlord saying he works for such and such property management asking for a reference, record the conversation so you know exactly what is being said.

Mad Scientist
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  Reply # 1285498 16-Apr-2015 11:52
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are you saying the landlord is bad mouthing you to all the rental agencies in town, or that your rental agent is not willing to rent you another property?




Swype on iOS is detrimental to accurate typing. Apologies in advance.




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  Reply # 1285528 16-Apr-2015 12:27
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4possm:
You can take them to court for defamation if what is being said is bad enough but that is at best a stretch unless you can get what has been said in a recording or similar.


So the new agencies word would not be suitable?

Yes they are bad mouthing us, after bending over backward to help them with the sale which was put upon us after 10 weeks of moving in. There is such a thing as common decency and being a decent human being, even in RE.

Ive owned multiple properties and as a tenant in Auck, I gotta say landlords here are an eye opener. I just hope the bubble bursts and they get whats coming.

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  Reply # 1285639 16-Apr-2015 14:40
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in that case court is going to cost you heaps.

there must be a cheaper way, like a commission or a tribunal or something




Swype on iOS is detrimental to accurate typing. Apologies in advance.




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  Reply # 1285644 16-Apr-2015 14:49
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i think lodging a complaint with the tribunal about them is the best way forward, detailing what has occured. its actually the agency not the landlord who they rang.

you get 3 monthly inspections right? well we have adhered to them and have allowed them more access to the house for sale than they originally asked for. so im considering collating the documentation and evidence and forwarding it to the tribunal.

do people really think they can be so dodgy these days?



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  Reply # 1285647 16-Apr-2015 14:50
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If there is a blacklist for tenants, does such a thing exist for agencies and landlords?

I know there is nocowboys but not sure if they have that category.



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  Reply # 1285686 16-Apr-2015 15:40
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Is 3 monthly inspections normal? I always thought it was 6 monthly. Seems 3 monthly i common now. And taking photos including your personal stuff.

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