My housemate is trying to push me to move out We currently do not have a lease agreeement with the landlord. Victoria.

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Customer: My housemate is trying to push me to move out We currently do not have a lease agreeement with the landlord
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: We do not currently have a signed lease agreeement
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My housemate owns pretty much all of the furniture and appliances in the apartment
Answered by John Melis in 16 mins 2 years ago
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John Melis
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John Melis
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John Melis
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72924 Satisfied customers

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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Have you received any correspondence in the last 24 hours.

Customer
No not yet
Customer
Hi, when will you be available for a call?
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John Melis, Expert

15 mins

Customer
Hi John, will you be available soon? I have another appointment at 6
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John Melis, Expert

Can you retype your number as the number you put in the system is not showing correctly it goes to someone's message bank(###) ###-####/p>

Customer
Hi
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John Melis, Expert

ok

Customer
Hi John,My housemate is now saying that I'm not allowed to use her furniture, fridge or washing machine. Can she actually stop me? Does she have the right to bar me from using her appliances? Is this grounds for a domestic violence intervention? I have it all in wiring since the correspondence is all via email.
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John Melis, Expert

Just take the party to the tribunal

Customer
Which tribunal?
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John Melis, Expert

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

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

You may also consider the option of using the small business commissioner as well. 

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

Customer
This is what she has just sent me
Customer
Can I tell her that she doesn't have the right to demand this?
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John Melis, Expert

Just dispute in VCAT

Customer
As a more immediate response I mean. Do I actually not have the right to use her appliances if she says so?
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John Melis, Expert

you can dispute the claim

Customer
What does that mean? What can I do for before the hearing?
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John Melis, Expert

argue your rights

Customer
But what are they in this instance? Can I say that I have the right to use her appliances?
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John Melis, Expert

you next step is to raise your dispute in VCAT

Customer
I can't say that I have the right to use the appliances? What happens before the hearing then?
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John Melis, Expert

you can use them

Customer
it is actually my right?
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John Melis, Expert

yes

Customer
The vcat website states that they cannot hear cases between tenants and tenants
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John Melis, Expert

They can under the tenancy section

Customer
Application by a rooming hiuse resident or rooming house owner?
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John Melis, Expert

just follow the steps above

Customer
It doesn't say exactly which application
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John Melis, Expert

The application is on VCAT site

Customer
There's so many
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John Melis, Expert

use the general application

Customer
It says that I need to have contacted consumer affairs Victoria and have been provided with a referral to vcat
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John Melis, Expert

If your matter is urgent you can go directly to the Victorian civil administrative tribunal you can bypass consumer affairs Victoria

Customer
With the appliances, is it because it's a shared tenancy that I have the right to use them even without her consent? Regardless of ownership?
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John Melis, Expert

Maybe you should try mediation

Customer
Can you please answer my question
Customer
I will file the application but I do need some information for a more immediate response in the interim
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John Melis, Expert

I kindly request that you utilise the general application form from the Victorian civil administrative tribunal. I cannot fill the form out for you this is something that you have to do, or if you need to you can reach out to your local lawyer and they will assist you accordingly

Customer
I spoke to my housemate yesterday and she has decided to vacate but hasn't formally given her notice. She's already moved nearly all of the furniture in the shared space. I don't mind this but what about the appliances? Can she just remove them without notice of when they're going to be moved?
Customer
Hi John, I have decided to vacate the property since I really don't feel safe here. Since rent has already been paid until tomorrow, can I still be held liable for rent for next month? The real estate agent says that since both of us are moving we are required to give 28 days notice. But since I'm moving out due to safety can I find a way to not be liable for rent?
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John Melis, Expert

Just take the matter to the tribunal much easier to deal with

Customer
can you recommend a local lawyer that I can ask to help me with this?
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John Melis, Expert

You can run your own case in the tribunal

Customer
exactly where do I submit it?
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John Melis, Expert

Go to the tribunal website which I detailed above click the application form, fill it out, submit it, pay the application fee, and away you go with your case

Customer
what's the response time like for vcat?
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John Melis, Expert

Once you lodge the application into the tribunal you'll get a response pretty quickly

Customer
I'm going through the application and it says that either me or VCAT have to serve them a copy of the application but I don't really feel comfortable doing that until after I have moved out
Customer
the rent has been paid until 27/07/2020 but I'm vacating tomorrow, what are the chances I will actually recover unused rent?
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John Melis, Expert

They help menus on the website so keep using those help menus on the tribunal website.

Customer
the help menus don't have answers for me in this case
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John Melis, Expert

This is where you need to engage a lawyer if you cannot work the website effectively

Customer
Hi John, I submitted an application to VCAT but they said that they don't hear cases between tenants, only tenants and landlords
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John Melis, Expert

you can still raise a claim in VCAT just change your application form

Customer
The one I used is clearly for a dispute between tenants and not one for tenants and landlords, how do I pursue it further?
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John Melis, Expert

call me after 5.00 PM

Customer
ok will call in a few mins
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John Melis, Expert

ok

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