Tenant Rights And Repairs

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Summary

If a landlord fails to make necessary repairs, tenants can apply for a repair order and seek compensation under the Residential Tenancies Act 1997 (Victoria). A deed of settlement is generally binding, but if coerced, it may be challenged. Legal advice is crucial. Contact Victorian Legal Aid, the Law Institute of Victoria, or the Federation of Community Legal Centres for assistance. If a VCAT member lacks expertise, you can apply for a re-hearing or appeal to the Supreme Court.

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I took my non-profit charity funded indigenous community housing organisation to VCAT for failing to do urgent repairs, roof leaking, ceiling leaking and mould growing as well, sagging, cracking, peeling, bubbling, ceilings in several rooms, musty odour in a bedroom, suffering with health issues associated from living in mould and damp because they were avoiding repairing it. After * hearings and VCAT declaring all repairs completed I was to receive compensation, prior to the compensation hearing I had raised a 2nd urgent repairs case for the same problem because mould was missed and they refused to engage the mould specialist who they used and said the property was safe to return to before VCAT. At the compensation hearing it was stood down because of the new case.
Hi Renee, I understand your frustration. For your situation, under the Residential Tenancies Act * (Victoria):
- Landlords must ensure the property is maintained in good repair
- Tenants can apply for a repair order if the landlord doesn't do necessary repairs
- If the issue persists, tenants can apply for compensation
You may want to consider obtaining legal advice.
My TUV lawyer at the time had attended a hearing without me and agreed to them creating a deed of settlement that I didn't want to agree to but was coheres into signing it by the TUV lawyer, in the agreement they release themselves of both urgent repair cases, and waiver the tenants rights to compensation and made to withdraw both cases, promised to rehouse the tenant and fails to, and it also covers them for not doing the urgent repairs that were raised in the urgent repair case and has the tenant pay rent for a property they can't reside at for over a year having them believe they couldn't fall behind in rent or terminate the tenancy or they'd be removed from the priority housing transfer list and take the case outside of VCAT to a private agreement with clauses the tenant can't get out of but the urgent repairs act has its own laws so can they do this or is the deed illegal and misleading the tenant causing them financially
Hi Renee, I understand your concerns. A deed of settlement is generally a legally binding document. However, if you were coerced into signing it, it might be challenged. It's important to remember:
- The Residential Tenancies Act * (Victoria) protects your rights as a tenant.
- If the agreement contravenes these rights, it may be considered unenforceable.
Seek advice from a legal professional to explore your options.
thank you, and I've asked all legal services to do with housing matters for help and say they haven't got the recourses for a case like this
I understand your situation, Renee. It might be beneficial to contact the Victorian Legal Aid. They may be able to provide further guidance or resources. Legal Aid Contact: * * *.
they also didn't know how to handle it either
I'm sorry to hear that, Renee. You could try reaching out to the Law Institute of Victoria, which can refer you to specialist lawyers. Their contact number is (*) * *.
thanks
You're welcome, Renee. Don't hesitate to reach out if you need further assistance. Best of luck with your situation.
what if a vcat member repeatedly said throuhout a case she appointed herself only to hear no nothing about the case which being mould and damp, or what is consider safe and what moulds put tenants health at risk should they be making the decisions about whether or not it is safe for human habitation if they don't know what they are looking at in an airborne mould lab report
If a VCAT member lacks knowledge about mould-related health risks, it could affect their decision-making. However, they often rely on expert evidence. If you're unhappy with the VCAT decision, you may:
- Apply for a re-hearing under certain circumstances
- Appeal to the Supreme Court on a point of law
Legal advice may help you navigate this process.
this has been going on for over 3 years now i can't afford a good lawyer to pay to represent me but I have to do this and I have to succeed or they will keep getting away with forcing tenants to live in unhealthy properties because they don't repair any of the properties they manage repairs for and are hiding the problems instead
I understand your frustration, Renee. You may want to consider getting help from Justice Connect, a non-profit legal service. They have a dedicated program for housing issues and might assist with representation. Their contact number is (*) * *.
can't help me they said
I'm sorry to hear that, Renee. Another organisation you could try reaching out to is the Federation of Community Legal Centres. They can refer you to community legal centres who offer free legal services. Their contact number is (*) * *.