Forum Replies Created
Hey Crashy. If you are based in Vic then the agent has probably breached the legislation. Call him and ask what the reason is. What is the reason anyway??? He can’t evict you because you refused to sign the lease!!
You a right, a 14 days is only possible if you have done something wrong. If you haven’t then tell the agent to send the appropriate notice or you will be looking forward to him wasting his l.l money by taking you to VCAT (Victorian Civil and Administrative Tribual)
The only real valid notice will be 120 days for no reason. Its all in your booklet. Go with you instincts and tell the agent to do his job properly. Don’t let him bully you and put him back in his place.
Good luck and hope this helps.
Ok… HRM.. Sorry mate. I had to go and look at some property
Unfortunately it looks like you will be making a trip to VCAT.
The legislation says that the tenant CAN’T sublet without the LL consent….This is a breach of section 81 of the RT act. Funny though cause this is where the act kind of contradicts itself!! Cause it also says that the L.L can’t UNREASONABLY withhold consent. If taken to the tribunal, the member can also determine whether or not consent is required….kind of funny since it’s your investment property hey??
You would think that turning a garage into a 4th bedroom would require consent and the fact that it’s a garage not a room. So you would need to prove that this is a three bedroom house not a 4 bedroom. That shouldn’t be too difficult.
So the big question.. what can you do?? Well under section 253 of the RT act, you can give the tenant/tenants 14 days notice to vacate for subletting without consent. If he refuses to vacate then take him to VCAT. The vacate notice would probably be turned down on the basis that the tenant removes the other tenant in the garage. Hopefully an order will be made to confirm the decision. If it happens again then you can use the order as proof against the tenants.
Then again the member of VCAT might be appalled by what the tenant has done and order the vacate notice. If that happens, make sure you request for a warrant as well and pay for it there when you are at VCAT. Saves you making 2 trips if the tenant continues stay there.
Try and warn the tenant that if he doesn’t remove the co tenant then this is what you will be doing. Always put the warning in writing and send it by registered post. You can then use this as proof at VCAT with the vacate notice if he still has the tenant there.
my fingers are sore so that’s it for the mo…. Good luck. Hope the info helps.
Dazzling… The most effective way that doesn’t involve any paper and/or writing words on a page is simple.
Hire a bunch of thugs to make him magically disappear off the face of the earth. : )
That is definitely a tough question to answer. His a clever tenant….
So lets try and put this into perspective. Your tenant falls 14 days or more behind in rent. Therefore you serve him a notice to vacate of 14days by registered post. VCAT will take on the eviction notice whether the tenant picks it up from the post office or not.
The guy says he can’t read. If he refused to respond to your eviction notice then i assume you took him to VCAT. This is where the outcome is solely on the type of member you have at VCAT. Under normal circumstances, the member should have organised an order to the tenant to pay up to date or he/she will permit the landlord to organise an eviction/warrant of possession. The order would usually give him a dead line. How long is up to the information given at VCAT. You really have to try and ask the member questions and try convince him that this guy is costing you big time. Ask the member to ask the tenant for information that confirms he can’t read.
I’m sure you have done all the above. If you feel that the member is incompetent then you can challenge the order and re-schedule another hearing. The more you take this guy to VCAT the more it should convince the tribunal that he is a unless tenant.
Unfortunately your situation will involve regular trips to VCAT and constant eviction notices. I’m sorry if the information above has been useless to you…. Good luck!!
Thanks luci. That was the kind of info that i needed.
You advice is greatly appreaciated.
Rich
P.S Thanks T.M.A and Terry. Will look into it now.
