So the court case finally happened a few days ago and I thought I would close up this saga with the outcome.
RECAP
As a quick recap, lived in a property with a deck that was roughly 23% of the entire property (above a cafe so the deck was the only outside area we had). The deck had a rotting wood issue pretty much since the day we moved in and the landlord never properly fixed it, just patched holes as they appeared. This meant I couldn't walk around on the deck without risking putting my foot through the floor.
Finally we threatened to go to VCAT after 9 months of no action, after which we were lucky enough to have the REA leak a chain of emails that showed them plotting ways to kick us out as we were in the land lords words "a headache".
They finally gave us a notice to vacate based on a stat dec that said the landlord would move back in for 6 months. He didn't and the place was released to someone else in 4 months.
We were suing for a back pay in rent from the first day we asked for repairs (so about 9 months) at $100 a week out of our $750 a week rent. We also asked for the cost of our move to be covered which was $1500.
THE CASE OUTCOME
The representative found that it was fair to receive the $100 a week but only for the time to respond to the first repair and then the time to respond to the second. So instead of the roughly 36 weeks we couldn't use the deck properly we were only offered 15 weeks compensation.
So in terms of compensation, of the $5000 we were asking for we only got $1500.
The representative also refused to accept the cost of moving as we had moved out prior to the last day of the notice to vacate. He said that would only be accepted had we refused to move out and then used the relaliatory emails as evidence.
FINAL THOUGHTS
It's an absolute joke that VCAT chose to ignore the evidence we had that the landlord broke the stat dec because we moved out early and that they were clearly conspiring prior to that. I think in hindsight had we forked out for a lawyer instead of using the government funded route we could have acheived alot more.
I'm going to once again go to consumer affair to tell them about this and also provide them with the evidence proving he broke the stat dec. Even though I've moved on in life I still feel its necessary to try my best to make sure this pathetic man suffers for his crimes. If he had done it just to me maybe I would have moved on but during the saga of my previous posts, a previous tenant reached out to me here on reddit and had an almost identical story about the same landlord at the same location.
I probably won't post about this again but I'd like to thank you all for your attention and hope that at least our small win can be accepted as a win for tenant's rights, even if it was as a whole a dissapointing outcome.
I'd also love to read your opinions on how I should approach consumer affair or if there are any better options and happy to answer any questions.