As an ongoing service to clients we will be providing you with details of VCAT cases every few months concerning VCAT cases.
Here are three cases which may be of interest to you from the Residential Tenancies list at VCAT which are summarised below:
1. Smyth v Trovato Investments Pty Ltd (Residential Tenancies) [2024] VCAT 603 (28 June 2024)
This case dealt with entitlements and obligations of the parties under a newly created resdential rental agreement and an application for possession for the sale of the rented premises. Here the RRP sent a Notice to Vacate on 21 FEB 2024 under Section 31ZZB Premises being sold. Owner requires vacant possession.
The Renter lodged several applications at the Tribunal in proceeding seeking non-urgent repairs under Section 75 of the RT Act RRP.
The renter was awarded for works within a two week period for the items detailed in the case via link below and by a suitably qualified person to carry out the repairs.
The application for the renter to vacate for the purpose of sale was dismissed as it was deemed to be not reasonable and proportionate to make a possession order. The owner therefore must sell while the tenant still has possesion of the property.
For the reasons provided enclosed, I am not satisfied that it is reasonable and proportionate at this time to make a possession order. The Rental Provider has other options available to change the balance sheet for the rented premises by increasing the rent (to avoid financial loss associated with the rented premises) or can sell the premises while the Renter remains in possession. It can then elect to serve alternative notices to the Renter if in fact the purchaser requires the premises with vacant possession.
The impact on the Renter of being compelled to leave the rented premises is significant. It is the home he has shared with the Former Renter for a significant number of years’ and he has formed connections with the local community. The Renter is entitled to some stability, at least for now, with a rental agreement being created in his favour after establishing that he would suffer severe hardship if compelled to leave the premises.
The application for a possession order is dismissed.
Further details can be viewed here.
2. Peterson v Pidgorny (Residential Tenancies) [2024] VCAT 602 (26 June 2024)
This case dealt with the renter seeking consent to sublet rented premises. In this case in favour of the RRP the application was dismissed as the renter did not provide a subletting arrangement in respect of any particular person/s and therefre it is not possible for the RRP to make any assessment. The request for consent in this case was to sublet the premises to the world at large. The application from the Renter was therefore dismissed.
Further details can be viewed here.
3. Mezin v Lauretti (Residential Tenancies) [2024] VCAT 600 (27 June 2024)
This case dealt with a claim by the Rental Provider to refuse consent to keep a pet in the rented premises. The result ended in favour of the Renters with the renters being permitted to keep the pet on the rented premises.
Further details can be viewed here.