Assignment Detail

Assignment ID: FG133233000

Case Scenario Brief:

Clyde, being a real estate agent, loves property. With his share of the sale of the Sorrento property he purchased an apartment in central Melbourne (first property) and wants to purchase another one as an investment (second property). Clyde has secured a tenant, Tom, for the first property and he is looking at another property that is already tenanted. Your boss Jenny has told you there are no conflicts as Jim has given his consent for your firm to act for Clyde. Clyde is seeking your assistance with some issues he is having with the tenant (Tom) in his first property and wants to make sure there will be no issues with the tenant if he purchases the second property.

Clyde has engaged your firm to understand if there are any issues with both the first and second property that he should be aware of and whether there is anything he needs to do. Your boss, Jenny, meets with the client and provides you with the following background information and research scope.

Question 2:

Second property:

The tenant is paying a higher than market rent, and Clyde thinks it is a good investment opportunity. When he was inspecting the property one of the neighbours told him that the owner, Mr Bao, took the tenant to the VCAT to get rid of him, but didn’t have any luck. Clyde looked at the contract of sale and section 32 statement and noticed that the sellers name was Han Bao. Clyde loves the location of the property but is very nervous about the neighbour’s comments. Clyde wants to know more about the case before he decides whether to buy the second property. Your boss searched the Austlii register for VCAT decisions and thinks that the case the neighbour mentioned is Bao v Atwell (Residential Tenancies) [2022] VCAT 206.

Research scope

Points guide to answering the question:

You are asked to provide an outline of the case including:

The parties to the proceeding.
The facts of the case.
The issues relating to the notice that were required to be determined by the Tribunal.
What were they and what did the Tribunal decide in respect to each issue?
The legal arguments raised by each party.
The decision of the tribunal and why that decision was reached.