We have a question regarding what we can get compensation for under VCAT for an unuseable bathroom? Victoria. Contacted

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Customer: Hi, we have a question regarding what we can get compensation for under VCAT for an unuseable bathroom?
JA: Hi. What state are you in? It matters because laws vary by location.
Customer: Victoria
JA: What steps have you taken so far?
Customer: Contacted VCAT several times for advice and negotiated with the principle at the real estate agency
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The principal has offered 3 weeks rent-free in lieu of further compensation, we do not believe this is fair and equal
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

What is the amount of compensation you are claiming?

Customer
Hi John, we'd like to claim for the following
Customer
The offer of three weeks rent-free, along with no exit fees is what they have offered. We would also like:Item Cost
50% of the rent paid to date $1,282
Water and electricity bills $120.22
Removalists IN $616.80
Removalists OUT (Matches IN) $616.80
Total reimbursement $2,638.82
Customer
We are the first renters of a recently purchased investment property - And the shower has caused problems since day 1. We moved in 2nd July 2021.
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John Melis, Expert

you can sue for that compensation in VCAT.The Victorian Civil Administrative Tribunal “VCAT” is perfect for meditating disputes.The tribunal helps parties resolve the issues in question.The mediation will resolve the matter in most cases.You access the application form under the forms tab of the tribunal website.The following link will assist you further:www.vcat.vic.gov.auThe tribunal has help menus. The help menus will assist you in filling out the application.The tribunal will send you an email after applying. That email will explain the next steps.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?
Customer
The main urgent repair issue of the bathroom was first raised on July 2nd, 2021 which include:
The shower installed over the bath should not have been installed as advised by 2 out of the 3 plumbers.
This will cause damage to the wooden window frames - Such as joint damage.
The bathroom is not waterproofed for the shower.
The water waste is immense when we have a shower - This falls under the 'urgent repair' requirement in section 721 and should be actioned between 24-48 hours.
We still have not been provided with a solution or timeframes.
The potential moulding and damage around the bath and into the deducted heated.
The number of towels and increase energy usage as up to 5 towels are required per shower.
The loss of enjoyment to living here - Personally giving me the anxiety to shower and to contact you.
Customer
Do you think what we are asking for is reasonable? This is the response from the principle after we asked for the above compensation
Customer
Hi Kate,Thanks for your email.Please allow me to reply to your request from my perspective.Your rent is $2564 per month so your requested reimbursement of $2638.82 on top of the three weeks free rent of $1770 totals $4408.82. This means that you would be residing in the property for over 6 weeks rent free. I understand you have been inconvenienced but I can tell you that a VCAT hearing (which may be months away due to the current back log) will not grant what is effectively rent free tenancy due to the shower situation. The VCAT member will take into account that the property was purchased by the landlord and we have not managed it previously so there was no way of knowing this would be an issue.What I was trying to do was come up with a solution that was simple for all parties and it is my belief that three weeks free rent is a reasonable compromise. Let me know what you think as it is my opinion that if I do take your request to the landlord, the situation will escalate as he will deem this compensation to be excessive.If you want me to convey your request I will of course but just have a think about it before I do.
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John Melis, Expert

You can sue for compensation straight away.You have a right to claim.
Customer
Do you think the amount is fair?
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John Melis, Expert

Based on your details you are entitled to make a claim.
Customer
Thank you so much
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