Landlord faces $65K loss, lawyer says tenant exploiting rental law changes

Landlord David Sharpe first served a notice to vacate his property at 26 Benson Street in November, 2021, but his tenant, Lena Anderson, has refused to leave and has failed to pay "over $23,000" in rent.

Ms Anderson says the home needs repairs and refuses to pay rent until the property is fixed.

Mr Sharpe, as well as Ray White Benalla, said whenever they tried to do maintenance, Ms Anderson either didn't let the tradespeople inside or found another way to thwart the process.

Jeremy Koadlow, Mr Sharpe's solicitor from MA Legal, said changes to the Residential Tenancies Act by the Victorian government in 2021 had been exploited by Ms Anderson to justify her decision to stop paying rent.

"Ms Anderson has argued that David has no 'valid reason to end her rental agreement' and the notices to vacate were retaliatory, which are new protections introduced in the 2021 Andrews Amendments. It was under these provisions that she based her challenges," Mr Koadlow told The Border Mail.

"Ms Anderson has alleged that David has failed to undertake urgent and non-urgent repairs and meet minimum rental standards required by the Andrews Amendments to the legislation which were new requirements introduced in 2021.

"These were alleged while she both frustrated all attempts to undertake repairs and the Andrews government's stay at home orders during COVID were in operation.

"It was ventilated in multiple VCAT hearings and the Supreme Court that David always approved repairs to be conducted, Ray White Benalla organised tradespeople to quote and attend the property, and Ms Anderson refused to provide entry to the property or frustrated the process for repairs to be carried out.

"It was only as a result of VCAT orders compelling Ms Anderson to allow the repairs to be carried out that Ms Anderson finally allowed people to attend the property."

Mr Sharpe said the multi-year legal battle had cost him "upwards of $65,000" in lost rent and legal fees.

He said there had been more than 20 VCAT hearings, three warrants of possession issued and two Supreme Court hearings.

Mr Sharpe said he was "frustrated" with Benalla police for not executing a warrant of possession on May 29.

Police gave Anderson notice of their intention to execute the warrant on that day, and said they would return at 10am the next day to evict her. This never happened.

"They just refused to execute it," Mr Sharpe said.

"(Ms Anderson) told them she was appealing the warrant, although a stay (pause) for the warrant wasn't in place.

"They had six days to do it before she launched an appeal, but the police did nothing."

Victoria Police said they did not execute the warrant due to advice from prosecutors.

"Advice has been sought from the Prosecutions Frontline Support Unit (PFSU) and at this stage, officers will not be proceeding with execution of a court order due to an appeals process," a police spokesperson said.

Ms Anderson will appeal the warrant of possession in the Supreme Court on July 16.

She was contacted for comment.