Recent VCAT hearing!
Hi all,
I have just been made aware of a recent VCAT hearing for an application for possession and want to relay the issues to you all so as you are aware of what may be raised by renters during a hearing where NTV's are required to include documentary evidence. Please don't let yourself get stressed by this, just be aware that it has occurred and may happen again, the information is provided to make you aware of issues so as you are not caught by surprise if it happens to you.
The evidence required in this matter was a stat dec from the RRP, the stat dec was provided at the hearing and the property manager provided sworn evidence that the stat dec was included in the registered post with the NTV. The renter provided testimony that the stat dec was not in the registered post envelope that they received.
The member refused to issue a possession order based on the testimony of the renter that the stat dec was not included. Without the member saying so this indicates that they believe it is less likely that the renter is a liar than it is the property manager.
This raises the issue of how do we prove what is included in the envelope. I will be writing to the responsible minister to raise this issue, as in my opinion, this is a totally ridiculous situation.