Pensioner tenant behind in rent

if you go on a current affair saying the problem or he does i'm sure many people will very quickly pay the arears. people are very generous when they know of an issue but it means going public on a current affair , saying he owes that the owner cant subsidise it but doesnt want to evict him, if anyone can help and maybe while you are at it you can mention if he has extra costs eg physio or medicine or operations medical dental that need attention and help. people have paid and helped with all sorts of things to huge amounts overnight, if its publicised on a current affair

 

The matter is sorted. There's a VCAT order, the tenant is paying, albeit at a slow rate, the LL and PM are happy, and apart from the repayment time - a few years - I'm happy. We need 3-6 months to do the reno, council permission, building scheduling, etc. There is no need for publicity. The tenant admits his lapses, and is making amends. Since the PM was appointed the rent has been paid on time, all good. After the reno is finished and the back rent has been repaid the rent goes up by $30-50 a week.

 

I don’t think this is correct. The tenant is paying the current rate for the present tenancy plus money for the arrears. Legally, now there is a VCAT order in place, the tenant is up to date with current rental, plus paying off the debt for previous default.
Marg

 

Further and better particulars time. When I wrote my post at 8.45am today I did not have the details. The VCAT order said that the rent "is paid to (date) and the rent owed to today is (lots)."

That is, VCAT says that all the rent paid shall be applied to the outstanding fortnights. If the tenant is paid to 19 October 2017, the next payment is to 2 November plus $50, which is considered as being for part of 16 November, and so on.

Is it usual to apply "current" rent to the period after the last rent has been paid, in this case several months ago?

 

Legally there effectively is no difference between the two interpretations.

 

There would be if you wanted to return to VCAT seeking eviction on the grounds of unpaid rent on the grounds that current payments apply only to arrears.
Marg

 

You wouldn't be able to do that anyway without some change in circumstances because its already been heard and dealt with by the court - ie. abuse of process.

Conversely, if there was grounds to take it back to court, the fact that the rent is so far in arrears becomes instantly relevant.

End result: No difference.