Thomas Street Situation Update
We have some news. Not exactly good news. Our landlords have responded. They have responded by sending us a copy of their application to the Victorian Civil and Administrative Tribunal (VCAT).
They are seeking to have us re-instate the front and back yards to their original condition within 14 days of the tribunal date (of which we are yet to be notified - it will very likely be within three weeks). If we don't comply, they are seeking compensation and possession of the premises immediately.
We will send one last letter (via the agent) asking them if there is any last chance of coming to some kind of informal agreement. But with the application to VCAT, our earlier optimism about achieving such an outcome is abating. It seems the VCAT hearing will almost certainly go ahead. If the tribunal magistrate sides with the landlords, our garden has to go. If our garden has to go, then we will have to go. We would get too hungry living here without it.
So, that is the latest, and we just wanted to let interested folks know where things currently stand. We are still figuring out what to make of it - where to move from here. Then again, we are where we are, and though this is not what we were hoping for, we will most definitely be continuing to focus on the positive things that have come and can continue to come from all this.
The Thomas Street Crew
3 Comments:
Certainly one positive thing to come from this is that there needs to be a fight for tenants' right to grow food. (Unless the Australian governments thinks that people don't have a right to food.
Hi there,
I've been watching the proceedings from afar. I am sorry to hear that you might lose your home. Thought you'd like to know that I for one am inspired by the garden you've created (love the pics!) and by your efforts to turn a difficult situation into a positive and by the support you have generated in the community. I don't know about changing laws and governments and stuff but I am going to grow some vegies...and maybe some herbs...and see where that takes me. Thanks for sharing your story.
Cheers,
Kiri
I think you *now* have a legal basis to fight that order.
You have made several reasonable proposals to the landlord for the restoration of his property. (I think escrow account is the only legally acceptable proposal BTW).
And you have the documentation to prove it if it were presented in court.
What does the Tenant agency recommend? Can they send some offical complaint and a warning of legal action to the agent and landlord on official stationary? And do they have a lawyer who might have an free initial consultation on the matter to see if you can be protected from eviction. Also, what would it cost to be represented. The landlord would have to weigh the expense of his hiring a lawyer too.
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