Can agent issue notice to vacate at the moment?

Discussion in 'Property Management' started by Drekko, 22nd May, 2020.

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  1. Drekko

    Drekko Well-Known Member

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    Hi
    I have 2 rental properties that are in arrears in Victoria

    one is 15 days in arrears ( so over the 14 days and normally would be issued a notice to vacate )

    Another one is 6 days in arrears

    So regarding the 15 days over due in rent. My agent is telling me that we cannot issue a notice to vacate because vcat is closed untill COVID-19 is recovered?

    Is this the case? If so any tenant can just live at a property for free untill covid-19 is over and just abandon the property when Vcat resumes operations....
     
    Last edited: 22nd May, 2020
  2. wylie

    wylie Moderator Staff Member

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  3. Peter_Tersteeg

    Peter_Tersteeg Well-Known Member Business Member

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    You may not be able to immediately issue a notice to vacate, you're expected to try to negotiate an arrangement with the tenant first if they're in financial hardship. If you can't come to an arrangement then mediation is available.

    Your PM shouldn't be simply saying there's nothing they can do. I've had a problem with a tenant in hardship myself. It took a lot of effort, but we have been able to come to an arrangement that everyone can live with. If your PM is simply saying they can't do anything, then it's time to change your PM.
     
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  4. Lil Skater

    Lil Skater Well-Known Member Business Member

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    That's not quite correct.

    A notice to vacate cannot be served, this is true - but there is still provision to get possession of the property if the tenants are willfully withholding rent at this time.

    Your agent needs to contact CAV (it's one of their online forms - so takes a few days unfortunately) to submit for mediation, if a solution cannot be reached you can then apply to VCAT under a different section. You cannot apply direct to VCAT and must go through CAV first as they will provide a reference number to do the application.

    Also VCAT isn't "closed" they're just not doing in person hearings. Hearings are still be conducted for matters over the phone, some matters aren't being heard and all are very delayed. Rent arrears will be delayed, but it will be heard.
     
    Last edited: 22nd May, 2020
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  5. Warren from Geelong

    Warren from Geelong Active Member

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    Yep - what Sam said :)

    ps. Hi Sam!
     
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