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Legal Advice Or Representation Required

Al

By Al,
in Victoria

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Al Grand Master

Al

Posted
Posted

I am currently having major issues with my current tenant.

She has lost her job and has not paid rent for almost 2 months, even though she is getting welfare, etc. Following the advice of the operators on the Consumer affairs helpline we applied to vacate her. Unfortunately that advice was wrong, as the paperwork was done in the wrong order, thus the case was dismissed.

After the dismissed hearing I sat down with her solicitor (Legal Aid) and agreed on a structured payment plan. The solicitor assured me that she had the money for the first instalment (about 75% of what was owed). Less than one hour b4 the pick-up time, I receive an SMS (from her) stating: "Don't bother coming to pick up the money". Attempted to call, but was simply hanged up on. Contacted her solicitor and he also had dramas with contacting her.

I have just started the paperwork again, but this time I want to ensure there are no mistakes/loop-holes. I want to be represented by a solicitor, someone that has dealt with such matters, or at least well versed in these issues. I will of course pay for your/their services.

So if there is someone on here, or if you know someone, I would really appreciate some help and service.

You can contact me via PM or call: 0427 076490

PS: Hearing/Court Case will be held at the Sunshine courts. This is determined by VCAT and the location can not be moved.

Thanks

Alan

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Ant97GTR Grand Master

Ant97GTR

Posted
Posted

Al,

Sorry to hear about the dramas you are having :thumbsup: I'm sure Nat would have some contacts if you want to get hold of me otherwsie....there is a little thing called the National Tenancy Register. You have to be a real estate agent or strata title holder to put peoples name on but it is linked to the credit register and means that they'll never be able to rent a place again and the chances of getting any kind of credit are not very high.....might be worth looking into.

khunjeng Veteran

khunjeng

Posted
Posted

bl Al

Send in elite Ninja's.

Failing that, most solicitors should be able to get you through this however I have never have deal with a tennant issue before so I cant help with any recomendations. However I bet is a fairly common event.

Chris.

ferni Grand Master

ferni

Posted
Posted

I never understood the law when it came to this. Why can't you just call the cops, they are trespassing on your property, no different if someone was in your house (you lived in) and wouldn't leave?

Why can't you just remove them and their stuff and change the locks?

West Grand Master

West

Posted
Posted
i would say VCAT and change the locks.

dad (real estate agent) has to go through it all the time...

i can ask him details if you would like al?

Correct,

My missus work at VCAT at the moment and does all the hearing, she said to go to VCAT site, download an application form and send it in and she'll look after it.

I can pm you her work's email address so you can throw questions.

Kozeyekan Proficient

Kozeyekan

Posted
Posted

As I understand it, the law would rather have a landlord out of pocket than a family on the streets.

It's not justice, but there it is.

All you can really do is go through the motions and use a better agent to lease your property, because proper screening should minimise the chances of this happening again.

Sass Grand Master

Sass

Posted
Posted

"I know what's happened. They issued an application for a hearing at the same time as they issued a notice to vacate. Vcat have just changed the rules and now you have to wait two days befoe issung the application for a hearing.

They will need to apply for a new hearing, get an order for possession, rental owing and the bond. Once you get these, take out a warrant of possession at Vcat. Give it to the coppers. The coppers will make a time to be there, they arrange for a Locksmith to be there too. The coppers will do the eviction and the Locksmith will change the locks. You the need to place an eviction notice on the door.

Hope this helps"

from... my dad!!!!!

:thumbsup:

West Grand Master

West

Posted
Posted

Forgot to say, you don't need a solicitor to represent you mate,

You can represent yourself or rock up half an hour early, there will be a duty lawyer that you can ask for help or if you'd really like to make sure for yourself, go to 55 Kings way and it's either 5th floor or ground floor and again ask for a duty lawyer.

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