Thursday, 5 February 2026

 Gaelle BROAD (Northern Victoria) (19:13): (2295) My adjournment is to the Minister for Consumer Affairs regarding the options available to rental property providers who experience severe property damage and financial hardship as a result of tenant behaviour. Rachael and her son purchased their first and only investment property in Dunolly. Throughout the tenancy the tenant owed over $10,000 in rent arrears and severely damaged the property before eventually vacating. They could not get the tenant out and were pushed to the brink of financial ruin as they refused to pay rent. They were extremely anxious and could not get them out, despite exhaustive efforts trying to evict her and providing evidence, including the destruction of their home. The tenant was represented free of charge by lawyers provided by ARC Justice, who I understand receive funding from Consumer Affairs Victoria, the department that is supposed to offer aid to both tenants and rental providers. After the tenant eventually left Rachael discovered approximately $60,000 worth of property damage and dumped rubbish – about 50 cubic metres of rubbish. She does not have the financial capacity to undertake repairs and therefore cannot re-let the property, leaving her without any rental income at a time she can least afford it. The tenant has since relocated to another regional town, and following VCAT’s decision, which was in the favour of the property owner, local police had intended to pursue charges, including theft from Rachael’s property, but ultimately were unable to proceed. The tenant was reportedly assisted in relocating by ARC Justice, who will not disclose her new address. Rachael continues to receive debt collection notices addressed to the former tenant, who has not updated her contact details.

Rachael has limited avenues for recourse. She cannot pursue compensation or initiate legal proceedings without knowing the tenant’s current address, nor can she afford the costs associated with court action while her property remains uninhabitable. She is also concerned by the conduct of the real estate agencies involved. While Rachael refused to provide a misleading positive reference, it is apparent that previous agents did so, allowing the tenant to move and effectively transfer the problem to another unsuspecting property owner.

The action I seek is for the minister to assist, address these concerns and advise what specific avenues of recourse or financial assistance are available to rental property providers who suffer severe property damage and financial hardship caused by a tenant, particularly where the tenant cannot be located. Two, what obligations and accountability measures exist for real estate agents to ensure rental references are accurate and not misleading? And three, how does Consumer Affairs Victoria ensure an appropriate balance between the interests of tenants and rental property providers? To make matters worse, Rachael is paying land tax on the property, despite it being unlivable. Rachael is happy for me to provide contact details to your office, and I look forward to your assistance.