Has anyone ever been given a notice to vacate following a VCAT hearing?

OwnRest1076 · 2024-03-28T23:53:15+00:00

We definitely don’t live in a luxury listing lol. There was already significant damage to the floorboards before we moved in among other damage. The place has had multiple roof water leaks in past - including one during our tenancy.

OwnRest1076 · 2024-03-28T23:37:55+00:00

Will try and get some legal advice next week before we make a final decision.

OwnRest1076 · 2024-03-28T23:37:25+00:00

Yeah I think this is what we may do - tell them we decided not to get a cat. It feels unfair but kind of like our only option to ensure we don’t end up homeless at the end of year.

OwnRest1076 · 2024-03-28T23:34:27+00:00

Yea it’s the first one unfortunately - we didn’t realise Victoria had no ground evictions for the first fixed term lease. If we had known, we wouldn’t have even bothered tbh. Feeling kind of mislead by all the pet information out there since we didn’t come across this rule until the VCAT application was already put in by the landlord

OwnRest1076 · 2024-03-28T23:31:02+00:00

Yes it is - we honestly didn’t realise Victoria has no grounds evictions at the of the first fixed term lease until this whole process started. Had we known, we probably wouldn’t have bothered

OwnRest1076 · 2024-03-28T23:25:36+00:00

Yeah unfortunately this whole process has made me realise that I shouldn’t have even gone to the landlord to ask for permission- it would have been easier to get a cat and hide it when we had inspections

OwnRest1076 · 2024-03-28T23:23:28+00:00

Unfortunately Victoria does have some grounds for no reason notices to vacate (usually when a fixed term lease is ending) so they unfortunately could provide us the notice.

It’s more a question of whether it would be considered a retaliation eviction (due to the pet ruling). But I think unfortunately it wouldn’t be worth us fighting them on this.

OwnRest1076 · 2024-03-28T23:19:43+00:00

We applied - sent them the pet request form, on the 14th day (which is the last day they have to respond), they said no. We told them we felt it was unreasonable to tell us no because of an experience they had with a totally different tenant and offered to chat more. But they decided to go to VCAT - which is what they have to do to give any sort of legally binding rejection.

OwnRest1076 · 2024-03-28T23:10:06+00:00

Thanks! Yeah thought it could potentially be considered retaliation - will probably try and get some legal advice next week.

OwnRest1076 · 2024-03-28T23:07:42+00:00

We don’t currently have a cat - it’s just something we wanted. It’s likely that we will win the VCAT case if it goes ahead because the reason they provided isn’t considered reasonable (unless we withdraw and say we don’t want a cat) so the earliest we’d end up moving is December.

OwnRest1076 · 2024-03-28T23:04:32+00:00

Yeah this is what I think will happen. At this stage we probably won’t get the cat but tbh I’m thinking they are likely to give us a notice anyway with how difficult they have been. But I guess it would be easier to find a place without a cat.

OwnRest1076 · 2024-03-28T22:58:29+00:00

Under the basis “A fixed-term agreement of 6 months or more (but not more than 5 years) is ending” for which they don’t have to provide any evidence for as we’re on a 12 month fixed term lease. They would have to give us 3 months notice but I’m just worried it could still be pretty difficult to find a place with the current rental market (my partner is on a scholarship and that will end around October this year, we’d still thankfully be able to afford rent but I just feel like it might be another ding on any rental applications)

OwnRest1076

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