Hi guys,
I am on the other side of the fence here, and am just interested in your opinions.
Recently my landlord/lady decided to increase the rent on the property I live in by 30%
I decided to ask for it in writing etc.
Whilst awaiting this, I looked into the RTA for victoria.
I discovered that he/she couldn't ask for an increase until my 1 year lease was up for renewal etc.
I noted all the parts of the act in relation to rental increases etc and gave her a copy, with a polite letter indicating why.
Then I received a 120 day no specified reason to vacate.
Just curious as to how you would have handled this situation etc.
Adski
PS rent never in arrears etc
I recommend you look at the consumer affairs web site
Particularly this pdf document.
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Renting/$file/endingtenancy.pdf
Page three may be useful for your situation.I live with a certain business ethic that rent has to increase each year at the lease renewal so that my tenant doesn't get a sudden shock when a huge rental increase is required to catch up with the number of years that the rent didn't go up.
Duckster,
I agree with your business ethic. I expect the rent to increase every time the lease is up for renewal, as it did last year, but not in the middle of a contract/agreement etc.
I am just curious as to what other PI's have to say on this.
Candidly I was curious to know who has used section 263 and why.
Cheers
Hi Adski,
As a landlord I would not consider the course of action that your landlord has taken. it doesn't appear to be ethical or fair and probbaly not legal either. Also i tend to value my tenants, if they are paying their rent on time and looking after my property then I want to keep them, not force them out and take the risk on the property remaining vacant for an extended period of time, paying new leasing costs and/or getting a tenant 'from hell'. I agree with Duckster, see where you stand legally
cheers
Sonya
Sonya,
Proving she has behaved in a retaliatory manner is going to be the difficult part though. Although I believe I have a timeline that would consider it to be the case.
Technically she hasn't filled out the Notice to Vacate properly (which is very important, and voids the notice)), but that isn't what I am disputing.
I must be the tenant from hell. So far I have fixed both the Air conditioners in the house free of charge (I do this for a living anyway), installed a dishwasher in the empty hole (which I was going to leave), and fixed the toilet (she paid for the $20 valve). I think I'll pass on fixing the seal in the pump for the spa bath
I'll keep you posted
Have a look at the tenants union of victoria website, heaps of good info available there http://www.tuv.org.au
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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adski maybe those improvements have contributed to the rental increase. You can live in my oroperty anyday!
Take your dishwasher with you.
Scott No Mates wrote:Take your dishwasher with you.yeah yeah, it's all about a dishwasher!!! (it's gold plated)
and
I can easily return both the Air conditioners to their original state.
But seriously in all honesty why would I? I would have to go and basically sabotage them now
I don't want revenge, I just want somewhere to live in peace et al, that's all
Damn… that last line sounds like a line from ACA or TT
I certainly understand capitalism, and supply-demand, but I think you guys also understand we both need each other
Adski
Terryw wrote:Have a look at the tenants union of victoria website, heaps of good info available there http://www.tuv.org.auHave already spoke to them.
They are extremely interested in my situation, and have an appointment this week.
I'll keep you informed
Adski
Adski,
With situations like that, it is important to do your research, and document all the communication with your landlord. As you have already done.
Also, it may be beneficial to document all the improvements you have done to the property.
You will probably find the authorities (Fair Trading and Consumers affair Vic) sympathetic towards your situation.In additional to what is mentioned in the RTA/Legislation, is your Residential Tenancy Agreement you have with your landlord. Go through that with a fine brush and see if there is any clause prohibiting or allowing your landlord to:
1, raise the rent substantially during the lease and
2, kick you out before the lease agreement is terminated without mutual agreement.
In the absence of these factors clearly stated in your lease agreement, RTA and TPA (Trade Practices Act) should kick in to prevent the landlord from increasing unfair rate increase during an existing agreement. However from memory, you will need to apply to the authority and the tribunal for remedy and assessment.
Depending on what is stated in your lease agreement, I would have thought your landlord will be breaching the contract by issuing you with a 120 day notice before the lease is up?It sounds like your landlord is not employing the service of a Real estate agent as property manager. It is unfortunate that there are cases where the landlord is not that educated and maybe driven by greed, or sometimes desperation. I know it doesn’t help you with your situation, but take comfort in knowing that you have done the right thing. I don’t think I would have done anything differently to be honest (except wait for the formal written notice to put the rent up, before letting her know about the RTA). But I wouldn’t sabotage the property, there is no need to bring yourself down to her level, but do take the dishwasher with you
I personally would be more than happy to have you as a tenant, as clearly agreed by other members of the community. Not all landlords are like that.Good luck and keep us posted.
KennyPS. I am not legally trained, just a disgusted citizen concerned for your welfare.
This just doesn't seem right, firstly that the rent increase was given during a lease period, secondly that it was 30% that seem's a lot and lastly that when you pointed her to the RTA she issues a notice to vacate.
Just wondering if anyone knows much about this section 263 "notice to vacate for no specified reason"? I find it interesting that they have all these reasons in the Act that you can issue a notice to vacate but then have a section where you can issue one without a reason. Anyone know of this being used?
I think what you would find is that the notice period would have to expire after the end of the term of the tenancy and that our friend's fixed term has either expired and he is holding over or his term would be expiring less than 90 days after the notice was given.
The Victorian laws just give longer notice periods than the New South Wales laws.crj is spot on.
my notice to vacate is for a date after my current lease contract agreement ends.
so (and I started a sentence with a preposition) is that ok from a PI perspective?
Adski
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