Well, no its not ideal. Renting sucks as you are at the whim of the owner to move you on. But is that an argument that the tribunal accepts now that "her kids will be put out so she can stay"?
Tenant won't accept 120 day leave notice.
- Thread starter The_Bludger
- Start date
Well, no its not ideal. Renting sucks as you are at the whim of the owner to move you on. But is that an argument that the tribunal accepts now that "her kids will be put out so she can stay"?
Will get straight onto PM. Thanks for that.
Issues are many and varied. Posted them here once and I'll have to dig the link up for you. Basically, she is a royal pain up the backside!
No reason. Under Vic law, you don't have to give a reason on 120 day eviction notices.
Hi The_Bludger,
If you had given her the reason that "I will be moving into the house" rather than "you are a pain in the ar$e", it gives her a lot less room to move.
Even to the point that she may not challenge the eviction notice.
Her argument to the tribunal might be that "I'm no longer a pain in the ar$e". But she can' t argue "he can't move into his own house".
bye
If you had given her the reason that "I will be moving into the house" rather than "you are a pain in the ar$e", it gives her a lot less room to move.
Even to the point that she may not challenge the eviction notice.
Her argument to the tribunal might be that "I'm no longer a pain in the ar$e". But she can' t argue "he can't move into his own house".
bye
I dont think hardship cuts it, since she either has to pay rent on your place or someone elses. And the fact that she's a single mum, doesnt want to move the kids etc isnt your fault.
But just make sure she's been notified formally that her refusal isnt relevant and the notice stands, or she'll go to VCAT and tell them that she'd already told you she want moving and assumed that was the end of that.
Get your story about why you want her out clear now. Dont be changing it half way through, eg problem tenant, want to move in, want to renovate etc.
But just make sure she's been notified formally that her refusal isnt relevant and the notice stands, or she'll go to VCAT and tell them that she'd already told you she want moving and assumed that was the end of that.
Get your story about why you want her out clear now. Dont be changing it half way through, eg problem tenant, want to move in, want to renovate etc.
Bear in mind though, if that is the reason given, you are not legally allowed to rent out for 6 months after the notice is given.
Has she stated what legal reasons she will be presenting to challenge the 120 day no notice to vacate?
The only defence she would have if the notice to vacate was given for illegal reasons such as discrimination or retaliation against her for reporting violations or insisting on repairs.
There is a Victorian Charter for Human Rights as well that comes into play if the tenant is being evicted into homelessness but this only applies if you are a public landlord.
The only defence she would have if the notice to vacate was given for illegal reasons such as discrimination or retaliation against her for reporting violations or insisting on repairs.
There is a Victorian Charter for Human Rights as well that comes into play if the tenant is being evicted into homelessness but this only applies if you are a public landlord.
Hi,
Ta Buzz, I was unaware of that.
I think we may have used that excuse in the past
We had a property that had nothing but a string of bad tenants over about 5 years. We ended up taking about 4 or 5 lots of them to the tribunal. Shot that dog last year.
It may be too late for The_Bludger, but if that had been given as the excuse early on (verbally), then after she sought advice from the tenancy union she may have just moved on and not challenged it.
Even though The_Bludger didn't have to give a reason on the 120 day notice, it appears from what is here that she is willing to fight the "I am a pain in the ar$e" by being one.
bye
Ta Buzz, I was unaware of that.
I think we may have used that excuse in the past
We had a property that had nothing but a string of bad tenants over about 5 years. We ended up taking about 4 or 5 lots of them to the tribunal. Shot that dog last year.
It may be too late for The_Bludger, but if that had been given as the excuse early on (verbally), then after she sought advice from the tenancy union she may have just moved on and not challenged it.
Even though The_Bludger didn't have to give a reason on the 120 day notice, it appears from what is here that she is willing to fight the "I am a pain in the ar$e" by being one.
bye
Guys, I have given no reason officially. I will not be taking "She's a pain in the ar$e" excuse to the tribunal, as I don't think that will stick even though that's really the case.
How about giving the excuse "I'm going to renovate and sell", but then a few weeks later, just re-lease the property saying I changed my mind?
How about giving the excuse "I'm going to renovate and sell", but then a few weeks later, just re-lease the property saying I changed my mind?
"property needs to be vacated for major structural renovations"
pay a builder to "find" termites in the roof.
pay a builder to "find" termites in the roof.
Does the pm have to give a reason at the tribunal? Can they just say that the owner needs it vacated for private or personal reasons (health reasons - stress!) without providing further explanation? I would have thought the focus/onus would be on tenant and why they are unable to comply with a lawful notice, not "who has the better reason" type stuff. You really need a pm with experience to advise you on this - like the one you pay perhaps?
Hi there
if there is no reason given to vacate - the onus is back on the tenant to specify to the tribunal why there has not been compliance with the residential tenancies legislation which would entitle them to remain in the property.
I agree with the comments mentioned above that you should be ready to have your own hearing shortly after the notice period expires - and seek a possession order which would allow an eviction to occur.
thanks
if there is no reason given to vacate - the onus is back on the tenant to specify to the tribunal why there has not been compliance with the residential tenancies legislation which would entitle them to remain in the property.
I agree with the comments mentioned above that you should be ready to have your own hearing shortly after the notice period expires - and seek a possession order which would allow an eviction to occur.
thanks
Why is the rent so under market if she has moved in relatively recently? Has the agent increased the rent while she has lived there? If she paid market rent could you tolerate her?
Has she complained about repairs etc. Would any of those repairs be more safely undertaken if the property was empty? If asked by the tribunal why you need the property vacant what would you say?
My PM has advised:
With a 120 day unspecified notice, an Agent cannot apply to VCAT for a Hearing and subsequent Warrant for Possession until the 121’st day!
Does this sound right under Vic law?
Rents have skyrocketed over the last year. Agent has not increased rent as rental was agreed in contract for 12 months. She wouldn't pay market rent and if she did, God help me on the repair bill! She'd have plumbers, sparkies and God knows who else in there "finding" problems that I'd have to pay for. That's the sort of person she is.
I don't know what I'd say to be honest. Can't I get away with not saying anything or giving no reason?
Actually, PM has just come back with this:
On the Notice to Vacate under the Residential Tenancies Act 1997 S319 Regulation 8, it clearly stipulates “If you have been given notice to vacate you may be entitled to apply to the Victorian Civil and Administrative Tribunal to challenge the notice. The following time limits apply to challenges: 60 days from when the notice was given for a notice under S263”. It then goes on to advise the tenant to contact Consumer Affairs Helpline.
So it seems she can refuse the 120 day notice...
It is law that the PM must advise the tenant of their rights. Why not call up yourself and find out what the tenants rights are is the PM is not giving you enough clarity? I find them extremely helpful as a private landlord in Melbourne. She may just be bluffing you
If she did get an order saying she did not need to vacate, then what would stop you from
a) Raising the rent to market value - who cares if she complains
b) Refusing all repair requests
- tenant can self paiy for urgent repairs and claim it back from you (but only upto $1000)
- tenant cant force you do any other repairs (can onlt request a rent reduction for reduced amenities or can elect to vacate).
a) Raising the rent to market value - who cares if she complains
b) Refusing all repair requests
- tenant can self paiy for urgent repairs and claim it back from you (but only upto $1000)
- tenant cant force you do any other repairs (can onlt request a rent reduction for reduced amenities or can elect to vacate).
Similar threads
