- April 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with Student Accommodation: Seeking Guidance
I am currently facing a challenging situation with my student accommodation, and I am uncertain about the best course of action to take.
I recently moved into the property a few weeks ago, and encountered an issue with a blocked rubbish chute, causing a buildup of garbage on the floor. Following the advice of my roommate, who had dealt with a similar situation before, I left the rubbish there and had him email the management about the problem. However, I now find myself in a predicament as I have received an arrears notice of $200 for not properly disposing of the rubbish.
The management insists on imposing the fine, despite the fact that I was following advice given by their staff member, with no official breach notice being issued. Moreover, the community guidelines, which the fine is based on, were not clearly communicated to me, buried in a hyperlink in an email.
Despite my efforts to resolve the issue through emails, the management remains steadfast in their decision to enforce the fine, citing their rights as landlords. However, upon reviewing my lease agreement, I found no mention of fines, and it explicitly states that owners corporation rules do not apply to the premises.
In light of these discrepancies, I am unsure of my rights in this situation and how to prevent the management from deducting the fine from my bond. Should I challenge the fine through Consumer Affairs Victoria (CAV) or take the matter to Victorian Civil and Administrative Tribunal (VCAT)?
#### How AI Legalese Decoder Can Help:
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****** just grabbed a
Send them a bill for $200 for your time to manually take rubbish to the street, as you had contracted and paid for the use of a non operational rubbish chute.
In Victoria, Australia, landlords generally do not have the legal authority to impose fines on tenants. The rights and responsibilities of landlords and tenants are governed by the Residential Tenancies Act 1997 (RTA) and its regulations. The RTA sets out the rights and obligations of both parties, including matters related to rent, maintenance, and termination of the tenancy.
Under the RTA, landlords can only impose certain penalties or charges if they are explicitly provided for in the tenancy agreement and are considered reasonable. For example, landlords can charge tenants for late payment of rent or for damage to the property beyond normal wear and tear. However, any such charges must be specified in the tenancy agreement and comply with the relevant provisions of the RTA.
Imposing fines that are not authorised by law or the tenancy agreement may be considered unfair and could potentially be challenged by tenants through the Victorian Civil and Administrative Tribunal (VCAT). It’s always advisable for tenants to be familiar with their rights and to seek legal advice if they believe their landlord is imposing unjustified fines or charges.
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You say you received an arrears notice then you said it was a fine. What actually is it?
Can you confirm you were never behind in your rental payments?
You sent them an email regarding the rubbish chute not working. Have you asked them why they never replied but instead fined you? (if this is indeed a fine and not rent arrears)
Has anyone else ever received a $200 “fine” for this? Why isn’t your room mate getting a fine as well? You both live there? Something doesn’t add up. Why didn’t your room mate email them?
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Just reply that if they try to enforce this fine it’s unlawful as per my previous post and quote the RTA clause and you will seek a remedy via VCAT if they choose to go down this path..
Short and sweet