Nicole Gervasi Logo

INTERESTING RESIDENTIAL VCAT CASE OUTCOMES

Table of Contents

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.

Share the Post:
Nikki Gervasi | Real Estate Agency in Melbourne | Nicole Gervasi Property Group

AUTHOR

Director of Nicole Gervasi

Nicole has led over $1 billion in property transactions, building a future-focused business driven by repeat and referral clients. Known for her strategic mindset and strong national and international network, she has built a reputation for pushing boundaries and delivering results. Passionate about the art of negotiation, Nicole helps clients unlock long-term property growth with confidence and clarity.

What's your property worth?
Get a guide to the market

Stay Ahead in the Melbourne Property Market.
Sign up today.

  • This field is for validation purposes and should be left unchanged.

FAQs

There are different ways to value a property, including an agent appraisal, a bank valuation and other automated valuations.

We use many different data points to estimate a value.

We analyse a whole suite including;

  • property type (i.e. house, townhouse, strata title etc)
  • land size and location
  • comparable sales (i.e. similar homes that have sold nearby)
  • market trends, current and historical
  • property characteristics, such as the number of bedrooms, bathrooms, garages, and the size of the property’s footprint.

We also overlay data from government bodies and other sources – pinpointing the value of a home by looking at all of its components – land plus building.

Rather than look at what season to sell it, there are other major factors that drive property values up and down.

  • Supply and demand in the current property market (Your current property market)
  • Location
  • Interest Rates
  • Property features, size 7 type
  • Property & Land potential
  • First impressions and emerging trends: For example, don’t underestimate street appeal, or if there is a policy momentum behind an emerging trend, such as energy efficiency features.
  • The state of the economy

When selling your home, there are various approaches to consider that can help you maximize both the speed of sale and the sale price. One method is selling off-market, where interested buyers and investors are invited to view the property and make an offer before it’s publicly listed for sale. While this approach can be advantageous in some cases, it’s important to also consider the potential downsides before deciding if it’s right for you.

We aim to secure a good tenant for the property as soon as possible. In our experience, a well presented, well priced property will go relatively quickly. Factors such as rental vacancies in the area, property features, owner expectations, condition of the property, presentation and price will all contribute to the time a property is on the market.

We begin by verifying the applicant’s identity through a 100-point ID check and request rental references from their current agents or landlords to assess their history as tenants. Employment checks are conducted to confirm their financial stability and ability to meet rental payments. Additionally, we perform a detailed search to ensure they have no history of payment defaults, tenancy disputes, or property damage.

During our routine inspections we compile a detailed inspection 3D full HD walk through that also includes photographs outlining the condition of the property and note any preventative maintenance that is required and any damages that have occurred. You will receive one of these every six (6) months. We always update our owners on how the tenants have treated/cared for the property throughout their tenancy when it comes to lease renewal. Maintenance that has been addressed at a property will be inspected and we discuss with our tradesman to ensure that all work completed has been completed to a high standard.

Related Articles

Federal Budget 2026 – Investor Update

Important Update: New Victorian Rental Legislation & Upcoming Compliance Changes

Why Routine Inspections Can’t Be an Afterthought in Melbourne Property Management

The Quiet Momentum Behind Melbourne’s Whole Block Investments

Predicted Market Boom

NEW VICTORIAN RENTAL REFORMS – 25 November 2025 commencement date

Thinking of Selling?

Whether you are preparing to sell now or exploring your options, Nicole Gervasi Property Group can help you understand your property’s position in the market and create a selling strategy with confidence.

Let’s Map Out Your Sale

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Request a Free Appraisal

"*" indicates required fields

This field is for validation purposes and should be left unchanged.