Compensation for misleading property features and illegal rent increase

Blake moved into a property advertised as having a car space. Upon arrival, he discovered that no car space existed. Despite this, he signed a new lease after 12 months. During his tenancy, he also received a rent increase that was issued during the enactment of the COVID-19 Omnibus (Emergency Measures) Act 2020, which prohibited rent increases under Section 539. PCLC attempted to negotiate a rental refund with the agent, but both the agent and rental provider refused.

The property was sold during the tenancy, and the agent claimed the new rental provider had no liability. PCLC filed a compensation claim with VCAT, seeking $1,795 for loss of amenity (no car space) and $1,677 for the illegal rent increase.

VCAT awarded Blake $3,472 covering both the loss of amenity and the illegal rent increase and confirmed the new rental provider was liable for tenancy issues after purchasing the property