In Victoria the Consumer Affairs department oversee’s the "rental industry " as the overarching authority. The CAV chooses to use a self regulating approach to “managing estate agents”. This is little comfort in the CAV enforcing "The Act"which allows for breach fines of “The Act”. I share my experience pre-Covid.
Was renting a property and was on "WORKCOVER’. Workcover payments were suspended, and so was unable to make weekly rent payment. Sent a letter of “ADVICE” to agent who informed the land lord. Landlord immediately instructed agent to evict me (even though my rent wasn’t in arrears- It was 5 weeks in advance). Agent refused and so landlord appointed new agent. New agent took offence to me defending my rights to privacy as “no agreement to access my private details” existed between his agency. He issued a subsequent “Notice to Evict”. I lodged a hearing with VCAT and subsequently had notice cancelled. Two days later agent issued a new notice claiming the landlord’s family would be moving into the premises. ( I asked the Victorian Equal Opportunity and Equal Rights Commission to assist me) I appealled due to discrimination and the VEOHRC agreed, I had been discriminated against. Agent refused to attend voluntary concilliation! I subesequently moved and although agent had evicted me on grounds of “landlord returning to property”, advertised and re - let the property 3 weeks later. I formally wrote to CAV complaining that “The ACT” had been breached. I received a reply from CAV - In essence it said that they would monitor the agent behaviour, and if he were to breach “The Act” again they would consider taking some action against the agent!
Well I would like to see this line of enforcement with the COVID stuff…CAV are happy to enforce the law if a tenant breaches (through VCAT) …yet when a tenant obeys the law, they will just remind an agent to “do the right thing” where is a tenants rights? I believe they don’t exist in VICTORIA !
