Victorian Civil and Administrative Tribunal|2025-09-25

For the reasons provided above, orders will be made for the renters to vacate the rented premises by 30 September 2025. Thereafter, and if the renters do not vacate, the rental providers can seek the issue of a warrant of possession.
Additional orders have been made restraining the renters for the remainder of the rental agreement, from renting out any part of the rented premises to anyone other than immediate family members.
The renters request for permission to sublet the rented premises is refused and both the rental providers and renters claims for compensation are dismissed.
And finally I have determined to refer these reasons and the relevant files to a number of government agencies.
All communication with the Tribunal from Mr Atwell directly, along with correspondence that he submitted in evidence included a series of emails sent by him from the email address of michael@serviced-apartments-melbourne.com.au. Additionally, Mr Atwell's email signoff is as follows:

Kind regards, > > Michael Atwell > > Director > > P: **** > > E: michael@serviced-apartments-melbourne.com.au > > W: .

The business name of 'Serviced Apartments Melbourne' has been deregistered. Melbourne Serviced Apartments Pty Ltd (ACN 614 091 342) has been placed in external administration since 2021 and is currently under the control of liquidator Mark Brereton of HoganSprowles.
As Mr Atwell is continuing to hold himself out as a Director of a company that has been in liquidation for an extended period of time, it is appropriate that these reasons also be referred to ASIC.

[2] Proceedings R2025/15008 and R2025/15733, seeking $7,447.50 and $10,000 respectively.

[3] The Tribunal notes that Clause 74, of Part 17 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states that: "Evidence before the Tribunal in a proceeding under the Residential Tenancies Act 1997 (Vic) cannot be used in criminal proceedings except proceedings for an offence against this Act or the Residential Tenancies Act 1997 (Vic) or for perjury."

[4] The prescribed form is Form 1 in Schedule 1 of the Residential Tenancies Regulations 2021 (Vic).

[5] Email from neighbour to the rental provider dated 3 May 2025.

[6] Statutory declaration from adjoining neighbour of the rented premises dated 16 May 2025.

[7] Short Stay Rental Accommodation Local Law 2022 and Code of Conduct. It is questionable whether the property also falls under the Short Stay Levy Act 2024 (Vic), which came into effect on 1 January 2025.

[8] Swan v Uecker [2016] VSC 313.

[9] Myers v Grimison & Ors (Residential Tenancies) [2024] VCAT 335 (11 April 2024).

Civil and Administrative Tribunal Act 1998

Tenancies Regulations 2021

Opportunity Act 2010

Scully v Atwell (Residential Tenancies) [2025] VCAT 850 (25 September 2025)

Scully v Atwell

At a glance

Court

Decision date

Source

Judgment (11 paragraphs)

Parties

Legislation Cited (6)

Cases Cited (1)

Scully v Atwell (Residential Tenancies) [2025] VCAT 850 (25 September 2025)