Myself and my sister are being evicted from our apartment by the mortgagee. However the landlord on our lease had

Expert's Assistant chat
Customer: Hi, Myself and my sister are being evicted from our apartment by the mortgagee. However the landlord on our lease had defaulted on the loan 18 months prior to us entering our lease agreement with him. As a start we just want to make sure that he was leasing the property to us legally?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes. Term of lease was 12 months, our gas heater was disconnected within 2 weeks of us moving in and was never fixed. we were promised an air conditioner as a replacement, but this also has not been fulfilled the landlord entered the property using his own keys without our permission or notice
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think that's it
Answered by Leon in 4 hours 2 years ago
imglogo
Leon
10+ years of experience
logo

47290 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Leon
logo
logo
47290 Satisfied customers
logo
10+ years of experience
imglogo
Leon
10+ years of experience
logo

47290 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

Customer
Just making sure you are aware my question is in relation to Victoria?
img

Leon, Expert

I can assist with victorian questions.

img

Leon, Expert

Give me some time to read the lease

Customer
See also eviction notice
img

Leon, Expert

It is a mortgagee in possession

Customer
but it looks like they were in possession prior to us entering our lease agreement
img

Leon, Expert

The lease is legal

HIs default does not make it illegal.

But you are caught in the middle

You can seek compensation from the landlord by suing in VCAT

You can raise the issue that eh was aware of the default and he mislead you but also seek to get refunds for him not providing you with what you agreed in the lease

You apply with VCAT

https://www.vcat.vic.gov.au/

Nothing says when they got the order of possession.

The notice does not disclose that but you can seek more information from Gadens about when they were granted possession.

If it was before the 2 September 2019 then you can argue that he knew and seek compensation for the move as well

But you need to move on this ASAP

I cannot see any date when the possession order was made but the court.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Customer
Can I send you through my breakdown of compensation cost to see if it is "fair and reasonable". Just before I move forward with actually sending it with a breach notice to the landlord/our real estate agent
img

Leon, Expert

I cannot tell you if they are fair and reasonable I am sorry to say.

I am here to give you direction and information.

VCAT is a no cost jurisdiction and provided you are not asking for something that you would not be entitled to they do not order costs.

He is in breach with the aircon and the gas metre if he was liable for the idsconnection

Here is a link that give you details on your rights

https://www.tenantsvic.org.au/advice/breach-of-duty-notices/

Call tenants victoria and they can assist you with the application and how to move forward with ti as well

Customer
okay, thank you for your help.
I'll get in touch with the lawyers representing the mortgagee and check on that front.
img

Leon, Expert

Good Afternoon

All the best and good luck

Regards
Leon

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer