Eviction Post Moratorium (VIC)

Hi All,

Advice needed.

How do i go about issuing a notice to vacate to a tenant who is on a periodic tenancy (month to month) ? I understand i cant issue a notice to vacate prior to the moratorium being lifted on 30th of Mar 2021.

But am i able to issue a notice to vacate in Jan 2021 to the tenant to vacate in Apr 2021 ?
or do i have to issue the notice only in April 2021 and give a 30/60/90 day notice ?

What are the notice to vacate reasons i can give ? I understand if i say i want to sell , then i need to provide proof to VCAT, is that correct ?

Also if i say i want to move back in , i need to provide proof that i am moving back in and that i probably will not be able to put the property back on the market for 6 months, is that correct ?

Am i able to give no reason and just that the tenancy has ended and i want possession of the property ? How may days of notice do i have to give ?

Basically wanting to know what my options are to issue a notice to vacate to a really difficult tenant and how to go about it ? Obviously having a terrible PM isn't helping the situation either.

 

Hey! I'm just going to quote answer as there's a lot of questions

You must issue in April.

Arrears, property to be sold, owner to move in (or dependent), renovations/demolition, illegal use.

For all you would need to provide proof at VCAT such as stat decs. If you say you're moving in it's correct it cannot go back on the market for 6 months.

No, this option is being removed with the new legislation that is slated to come in immediately after the covid protections are removed at the end of March (unless they change their mind..). If they do change their mind it would be 120 days.

 

Hi @Lil Skater thank you so much for taking the time to respond, really appreciate it.
Just struggling to understand what can a landlord do to issue a notice to vacate to a difficult, unreasonable tenant who clearly couldn't and cant afford the rent without sub letting ?
The tenant has clearly worked out a way to game the system relying on the PM's not doing due diligence and then getting a property they clearly cant afford with a possibility of just sub-letting to cover the rent and make a lil money on the side (through the rent of the sub-tenants).

Clearly this process needs a rude awakening. Clearly is taking a toll on me.

thank you once again for your responses.

 

You can't really do much about this unless they're breaching some other term of the lease - it's not really sub-letting in a legal sense.

Does it really matter if you're getting your rent and they're not causing any other issues?

 

If the tenant is subletting and you can prove it, there is provision to end the tenancy if it’s been done without consent. Likewise you can’t unreasonably withhold consent (say if it’s a 3 bedroom home and only 1 approved tenant). So this means often it’s not granted if challenged at VCAT.

Once the Covid protections are removed you’ll be able to issue a rent increase too, sometimes that’s enough to move someone on.

Side note, you sound pretty unhappy with your agent. There is no point spending your hard earned money on a service you’re not happy with, it’ll cost you in the long run - if not in actual cash, then at least your sanity.

 

Hey @Lil Skater yes that's right the tenant put in a request to sub-let, the request was not denied and an application was asked for of the sub letters. The tenant did not provide and went to VCAT, where the case was dismissed saying the landlord was not withholding consent.

Months later found out the tenant has been sub letting and asking for rental reduction due to COVID because the sub letters had moved out !!!

Thats a great idea on rental increase looks like that is the only option i have.

Yes totally not happy with the PMs shopping around trying to find a good one and not end up in the same boat again.