Victorian landlord and agency involved in legal stoush with tenant who allegedly blocked toilet, refused to vacate
A cancer-stricken landlord is fighting an insane battle against a rogue tenant who has forced dozens of tribunal and court hearings.
A Victorian landlord and real estate agency have faced a nightmare scenario after a tenant dragged them through multiple legal disputes, costing tens of thousands of dollars.
Since 2020, the saga has involved more than 20 Victorian Civil and Administrative Tribunal hearings, two Supreme Court appeals and multiple disputes relating to rental arrears, property access and maintenance.
And some related court matters remain ongoing.
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The chain of events began when the tenant, a woman, entered into a 12-month rental agreement for a two-bedroom weatherboard house in Benalla, a town about 212km northeast of Melbourne.
After the landlord found out that he had cancer, the family decided to move their daughter who has an intellectual disability into the rental property, so she could be cared for while her father underwent treatment.
For this reason, the lease was renewed for just six months, in 2021.
However, the tenant refused to vacate when served with a notice to do so.
This led to what became a protracted series of legal battles including at VCAT and in the Supreme Court.
According to Ray White Benalla, the tenant – who at one point allegedly did not pay rent for 12 months – blocked her toilet with a large amount of toilet paper, on a New Year’s Eve.
She requested an emergency repair within 24 hours.
While a plumber was sent out, the damage was so severe that the toilet had to be broken before it could be fixed.
The tenant also allegedly confronted and intimidated property managers’ family members in public, sent threatening emails and shared Ray White staff members’ personal addresses on social media.
As well, the woman would request repairs but then refuse tradespeople entry to the home.
In 2024, VCAT ordered the woman to vacate the property and pay $20,907.40 in outstanding rent.
A later case saw the Supreme Court award the landlord rent that was in arrears and legal costs.
Its appeals court did the same, for an amount in the order of $80,000 to $100,000.
Across the years, the renter has launched her own legal action related to matters including the validity of notices to vacate, that she received.
VCAT documents from last year, following hearings in October 2023 and March 2024, describe a 2023 dispute regarding access to the rental premises for a gas and electrical safety check.
In correspondence over the matter, the tenant labelled the rental agency “a bunch of hacks” and the landlord “a greedy low-life”.
“What f****rs you all are. I won’t be satisfied until you’re shut down,” her correspondence stated.
VCAT senior member Kylea Campana, when delivering her decision on the case, said that the renter “had “gone on Facebook and criticised the rental provider and the agents”.
“It does not take a lot of insight to expect that taking these steps may result in some backlash, and that future rental providers or agents would not be attracted to a renter who was aggressive in her approach and critical of the actions being taken,” Ms Campana said.
Ms Campana also said that the tenant’s refusal to pay rent “and her aggressive and demanding nature when seeking repairs, would not make her an attractive candidate to a future residential rental provider”.
Among the ongoing multiple legal cases related to the dispute, a compensation claim from the tenant, heard in October last year, is yet to issue any orders to the involved parties.
The tenant has also launched an appeal against a matter involving Ray White Benalla, in the Federal Court.
In addition, Ray White Benalla is seeking costs from the tenant through the Federal Circuit Court of Australia, with a hearing set for this week.
Ray White Benalla’s advice to property managers:
- Spend a great deal of time vetting your tenants and making sure you have all the information you need before placing a tenant. Consider doing an internet search as part of the vetting process which could help reveal any relevant history.
- Follow your agency’s recommended processes and procedures, they are in place for a reason.
- Ensure all your ducks are in a row – this will limit liability if things go wrong.
- Seek advice from your corporate head office and other external property management experts.
- Seek out all the best practices and information.
- Make sure your landlords follow every regulation and every rule.
- Don’t be too proud to seek advice and ask for help, whether you need it work-wise or for your own mental health.
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Originally published as Victorian landlord and agency involved in legal stoush with tenant who allegedly blocked toilet, refused to vacate
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