CASE STUDY

You are a property manger for ABC Real Estate. Your tenant John and Mary Smith vacated the premises

15 Divine Street, Smithville last Friday.

On Monday you carried out the outgoing inspection. You find that there is cleaning and repairs needed to

bring the property back to the standard it was before the tenant took occupation. The cleaning and repairs

go beyond wear and tear. You feel that the tenant is responsible for these items.

You phone Mr. Smith who politely informs you that he feels the property was left in better condition when

he moved out than when he moved in. When the tenant vacated the property there was 2 weeks rent

owing, so you also raise the topic of these arrears.

Mr. Smith claims that his wife paid all the outstanding rent prior to vacating the property last Friday.

You ask Mr. Smith to meet you at the property to discuss the outstanding cleaning and repairs but he states

he is too busy to attend that meeting.

After a lengthy phone discussion you advise Mr. Smith that you have no alternative but to make a claim on

the Bond which is forr $1000. Mr. Smith replies that he will dispute the claim for $1000 and see you in the

tribunal/court.

The bond is $1000; the rent owing is $500 and the cleaning and repairs total $500.

QUESTIONS:

1. How will you lodge an application to the tribunal/court for compensation?

2. What preparation will you undertake for this case to the Tribunal/Court?

3. Mr. Smith intends to attend the hearing. What will you do to try and reach a resolution before having

the matter heard?

4. How will you present the case to the member?

5. Will you call on witnesses? If so, what are your obligations in that regard?

6. Does the tribunal/court have the jurisdiction to hear your matter?

7. What Legislation governs VCAT operations

8. What is the Agents Role at VCAT

9. What evidence can be presented at VCAT

10. List 5 general powers that VCAT has. What act gives guidance about this?

11. Describe the purpose and role of conciliation

12. Name and briefly describe the four elements in presenting a cast to VCAT

13. What documentation is required for making an application under the Residential

Tenancies List

14. List 5 protocols an agent should adhere to in order to maximise the chance of

success at a hearing

15. In what ways can you lodge an application to the Residential Tenancies List of VCAT