Former landlord David Sharpe spent years and hundreds of thousands of dollars trying to evict a previous tenant from his investment property in regional Victoria.
Ex-landlord David Sharpe spent tens of thousands of dollars on a drawn-out legal battle in an effort to get his former tenant evicted.
The woman still owes Mr Sharpe and his wife $100,000 after more than 30 Victorian Civil and Administrative Tribunal hearings and two Supreme Court hearings.
The debt consists of $28,000 in unpaid rent from their Benalla investment property and the rest is legal fees the former tenant has been ordered to pay.
RELATED: ‘No escape’: Couple desperate to evict tenant let down by Vic laws
1000s of Victorian landlords flee top suburbs over rental reforms
Victorian landlords face fines over new blind cord safety rule
Mr Sharpe said the reason for asking the tenant to vacate the rental was so their adult daughter could move in.
However, the tenant refused to move out and VCAT initially ruled the Sharpes’ eviction request invalid as they did not stipulate a time period regarding their daughter taking up residence.
But as the case progressed to several more hearings and the tenant eventually took it to the Supreme Court, both VCAT and the Supreme Court decided in favour of Mr Sharpe and his wife.
Mr Sharpe and his former tenant went back and forth to the Victorian Civil and Administrative Tribunal more than 30 times. Picture: Mike Keating/HWT.
In 2024, after the protracted legal fight, police finally attended the Benalla home to evict the tenant only to find her gone.
Mr Sharpe said he felt “hugely” let down by the Victorian legal system regarding his former tenant’s actions.
“Why hasn’t a VCAT member or a justice grabbed the bull by the horns and basically said, ‘You’re nothing but a troublemaker’,’ he said.
“They just allowed her to just keep on running and running and running and making trouble.”
He’s also gutted that earnings from his wife’s catering business had to be used to fund their legal bills.
Under Victorian law, if a tenant disregards a notice to vacate, the rental provider can apply VCAT for an eviction order,
Mr Sharpe, a former police officer, said he had worked two or three jobs at once to help cover the Benalla property’s mortgage.
He and his wife are currently renovating the home with plans for their daughter to move in within a few months.
Mr Sharpe said he felt for Ray White Benalla who had been nothing but professional in their management of the rental property.
Sign up to the Herald Sun Weekly Real Estate Update. Click here to get the latest Victorian property market news delivered direct to your inbox.
MORE: Vic govt facing ‘underpricing’ query after cop shop sale
Government causing ‘artificial’ land demand behind Aus housing crisis
$100k stamp duty trap slams Vic buyers | Money.com.au
Help us improve your reading experience
Got a minute? Your feedback will help us build a better experience for you.
Help us improve this page
English (US) · 