VCAT Subletting Breach?

[Jaffasoft]

What is the difference between living at a property and then letting people stay in a room and receiving money for thatWhat is it called when you are living at a property you are renting and allowing people to stay and rent or board rooms in your house?

How does the law system view that? Is there grounds for a property manager to issue a notice to vocate because of subletting?

Reason I ask is because I was living at a property and renting rooms to individuals. The agent sent a breach of lease out saying that i did not have permission to sublease.

Then VCAT said that it was not sub-leasing if i have been at some point living in the property. VCAT handed down a decision that I should have gave proper notice and the bond was taken.

I think i should be able to appeal the decision and claim damages from the property manager company. I had four people in different rooms now they have kicked me out and accepted the other four people on one application to rent the property. The property was looked after in good condition and the rent being paid.

To me this comes under the discrimination act. I can not see how the VCAT judge can allow all this. I can't remember exactly what she said, about how it was not subleasing and that it was something else. I had advertised it as to 'share this accommodation with me'.

I was receiving $400 per week and the rent was $270. It took a bit of effort to get it all set up. Now these people have seen that it was such a good idea they went to the agent and conspired to take over a lease and have me kicked out of the property. I couldn't believe it.

I think the agent should be up for paying compensation. Since my lease was till May and i have indicated on the lease that i wanted to stay for three years. That would have been $6760 per year if they we're staying there solid paying the rent.

I seen all this unfold and I have to say that it was just an incompetent property manager causing problems when there was not a problem in the first place.

I don't know if I could even be bothered with all the effort of appealing etc what do you think of it?

 

[Raddles]

HI there
you need to review your lease agreement. If a certain number of people were nominated as the lessee or permitted occupants of the property - then if you are taking more people in - you are potentially breaching your lease. Strictly speaking it is not a sublease as you are not giving up possession of the property.
The fact that the tribunal has gone along with the property manager - suggests to me you were likely in breach of the lease agreement. Just remember a landlord is entitled to know that the persons who are mentioned in the lease agreement are actually the people in possession of the property - or there is problems with recovery of bonds etc
Don't think it is worth appealing in the circumstances
thanks

 

[Jaffasoft]

Thanks Raddles!

It's very strange how it unraveled because when i got people in i informed the property manager who said OK to sub leasing and to just bring the person in. Then it changed to a breach then they gave notice to everyone on the breach notice.

Then when we got to VCAT, hear was the property manager conspiring to put the people on a new lease. Wouldn't it be discriminatory to accept that. I mean they are doing the same thing i was doing .

 

[Raddles]

Hi there
did you actually notify the property manager in writing? and was there acceptance in writing? of the additional people to occupy.

The difficulty I see is that you have the lease saying one thing - and only a verbal assurance that you can take in boarders - which appears to me that the property manager is trying to rectify to get all occupants onto the lease agreement - making them all responsible for any damage to the property.
thanks

 

[Mamaof3]

It might vary from state to state but i know when we rented a place and subletted each of the rooms (in SA), we did have to seek permission from the landlord. There was a section in the rental agreement where this is done.

Once the landlord agreed to it and signed off (he signs it off along with the rest of the rental agreement so it wasn't a seperate piece of paper) then we were allowed to sublet the rooms to whoever we wanted and however frequently we wanted (turnover at the time occurred every 6mths or so).

 

[wylie]

Curious to know what rental amount they are charging the people you sub-let to?

 

[GoAnna!]

Usually an existing tenant is required to have any additional tenants apply and be accepted by the landlord and then officially added to the lease. If you were leasing without the approval of the landlord, and perhaps profiting from the arrnagement rather than just sharing the rental expenses, it would likely be frowned upon.

I have a number of share households (I don't live in any of them) and I require that anyone living there must be on the lease and they must advise on changeover of tenants. This means that the landlord actually knows who and how many are living in their property AND that the bond held corresponds with the tenants curently residing in the property. If this is breached I evict them.

If the other tenants felt that you were profiting from them rather than sharing the rent equally and if they were not on the lease (?) (and hence they had less protection as tenants under the law) they may have felt it in their best interests to approach the agent.

Perhaps you need to buy your own place where you would be free to let the rooms as you wished. You could even furnish them and let them for more Or in your next rental you could offer to pay more rent than being asked on the condition that you are able to sublet.