VIC Tenant refuse to evict

Hi Everyone!

Firstly I want to thank you all, I have been a "visitor" in the forums for few years now, the information here have helped me a lot and largely expanded my knowledge about property investment
This is my first post here, I would like to share my story (in case someone is in the similar situation and looking for answers) and also hoping to have some advise from you guys as well, Thank you in advance

I am currently in the process to evict my tenant in my PPOR, the NTV was served early April with the reason that the owner is moving back home. Tenant asked for extension as the available date of the new property is after the Vacate date, which I granted. Then they said they cancelled property because they broke up and later got back together, so asked for another extension, which I granted again with extra 4 weeks
Since then, they started not responding to email/calls from my PM, Rental payment in arrears (4+ weeks), they pay whenever they like and how muchever they like, reason was "sick, no money, no place to move due to covid" all sorts of "hardship". I applied for VCAT hearing, which scheduled 7 weeks after
We didn't send NTV for rent arrears as my PM said we have VCAT hearing in place, didn't want to confuse them with the different vacate date till my new PM taking over just 2 weeks before the VCAT hearing, (previous PM resigned), suggested to send NTV for rental arrears which we did.
During past 5 months, my PM only received hands full amount of reference check and tenant said all the properties they applied got declined which doesn't surprise me at all, it's impossible to secure a place with their rental arrears.
I currently living in my IP that cost me more than living at my PPOR, got kicked out by my parents last year, had no choice but to move into my IP. My medical condition is putting extra pressure on my finance.
Finally waited till VCAT hearing, but got dismissed due to the NTV was invalid, the stat dec was not specific enough that indicating owner moving back home and will not re-let the property in 6 month time as per new regulation. I guess tenant was very happy that I need to restart the process again which is further several month time play game.
They are on month to month lease currently, I wanted to increase the rent months ago (2 years no increase), but my PM said it's only to give the impression to the judge that I am happy for them to stay, also said that what's the point to increase because they don't pay anyway. Now I feel that I have wasted all these month waiting for nothing as they are stringing it all along and worse thing is to wait further. And chances are they will continue this way, play victim and using covid as excuses not to move.
I have LL insurance in place, but not for rental loss, most insurance company removed it since covid.

Question here:
Would it be possible to send both rent increase notice and NTV (owner move back)?
they can still move out by vacate date, if not, new rental amount will be commenced from the indicated date. I know they probably won't pay, but at lease they owe me such amount which I will report to debt collector later on.

Currently NTV rental arrears in place, if they don't pay and gone to VCAT, very likely that VCAT will put them on payment plan, Would I get possession order if they still not compliant with the payment plan?

Are there any other suggestions that I can do to get my property back?

Thank you for reading such long story
Much appreciated your opinion

 

Yes - hit them on multiple fronts, lawful rent increase in parallel with other notices so if they do stay longer and the civil process has to play out, the rent increase for that period is in play also.

 

Thank you Michael for replying!
I guess $410 pw is reasonable? compare to 4BR next door rented out for $420, mine is 3BR.

 

Go for the max you legally can because the actual (probable) win will come form the landlord insurance claim when the Tenants don't pay but the insurer is obligated to

 

haha, I know what you mean Michael! But I think most of the LL insurance is no longer covering tenant default rent loss?

 

Business as usual where I am, don't know about anywhere else though

 

Which one is yours? I was with TS, they removed rental loss cover last year, I probably need to do more research into other companies.

 

It was generally only removed for new policies. If you had that as part of your policy before covid and have been renewing then you probably still have it. They will want the proper process followed to a T though so ensure your PM is doing everything to get them to pay and ensure all breaches are done for non payment of rent etc.

 

Hi Westminster, thanks for the reply.
ooops, I changed company when it came to renew, I thought it was apply to all policies.
I am not too worried about the owing rent, I just wanted to get my home back asap, to be honest.
I am planning to report them to debt collector for owing rent, prepared that it might never get chased back, but at least their credit record is done.