Tenant wants to take us to VCAT - Help pls

Thx Wylie, much appreciated.
- tenant wants to stay and kick hubby out of common area
- tenant also wants 3months worth of rent paid back to him (even though he's been there for 2 months so far)
- offered him $ incentive to end the lease early but got rejected

- in terms of legality of the lease, thx for pointing out, it's a very good point. it's not a granny flat (and never a granny flat), it's a one-bedder unit at the back of our house. will this be ok then?

Now burning question is how we can get him out of the property and have our peace back. Any chance we can end the least early?

 

thx wylie.
Hi can anyone know the tenancy association in Vic that we can tap into for advice? thanks

 

Tell him he's dreaming. Play hard ball, let him take you to VCAT. But before that, you need to know the legality of the lease in Victoria. So do as much homework as possible, then play hard ball. Now that you are telling us these things, I am now ****** off.

 

thanks Wylie.
Does anyone know if it's ok for owner to lease out part of the house (in this case a separate unit) to unrelated tenants? I thought it is but now after all the troubles I tend to lose trust on my own judgment :-(((

 

seems hard to negotiate as even we move hubby's work desk out of the common area tenant still wants $ on top of this.
What would be his ground for the three month's worth of rent compensation?

 

That's what a granny flat is. Call it what you like it doesn't change anything.

He's been watching too many American court room TV shows?

Why can't your husband work in the main house?

 

This type of tenants is very money oriented from what we can see.

Asked for rent discount post contract basing on him not using the air-cond/heating facility (but how can we validate this then)

Parked offstreet one night and claimed got crash from another car. Chased out neighbor up for compensation and got rejected as he couldn't prove it's the other car who damaged his. Then turned onto us for compensation. His claim was it's due to us placing our objects in the car port that caused him park outside and got hit. (We never put in writing that he has the right to park in the car port 24/7 then. We did verbally say we're happy for him to use the car port where possible).

Now brought up this claim for $ compensation and kicking us out of our property (as hubby's presence breach his quiet enjoyment)

So sick of this type of tenant now and so scared of leasing ever again :-(((

 

yeah that would be the scenario we have to consider.
How about $ compensation?

 

He's a scammer, that's what he is. What does he do for a living? Sounds like this is game you have to play if you want him out.

 

what's the definition of granny flat?

 

Is it on a separate title ?
How are the utilities paid for ?

 

No one that I would trust.

Look if you PM me I can probably see what I can do for you over email and phone. No charge.

 

thx

Thatbum its much appreciated. will PM u later

 

hes a student & blaming us for his poor study results:-(

 

no its not on separate title. its a bungalow turned into home office/unit. utilities are included in rent

 

I had a quick read of it. i have my fair share of VCAT experience with builders, tenants and trades.

First, not sure if you are even legally able to rent out your granny flat being it is not on a separate title. i have an IP which has one and the council rules have deemed it only to rented as in the main house + bungalow or granny flat to one main party (or one lease) and whoever that occupies the granny flat should be in some way related as in daughter, cousin, grandmother etc. Best to check up with you respective councils as there are quite huge fines in this (20K onwards up).

I would just go to VCAT and fight it out - there is nothing to be afraid fighting for what is right in your views. As long as you can document your arguments. THey will most likely rule some items in your favour and some items in the tenant's favour. 3 months is excessive and will most likely be rejected. i once questioned an invoice from and electrican as he he billed me an extra hour after the first two hours were for work. That extra hour was spending 10 minutes in his van writing up the invoice which cost $250. The VCAT member deemed it as unreasonable and reversed the charge. i doubt any reasonable member would agree to 3 months compensation.

The only negative or risk is the legality of whether you can rent it out to someone being it is on the same title or what if falls under (as in rooms borading house short term leasing etc) .NSW and QLD have different rules on granny flats or bungalows which does not apply to those states

i would personaly counterclaim in VCAT detailing cost, etc and also eviction. ALso, Really any VCAT order does not mean much if it can't be enforced.

 

Isnt there an option to hire a couple of bouncers. i am sure that will be a lot cheaper.

 

I really don't like your chances at VCAT.

What you've described is a granny flat. Which technically you aren't meant to lease to an unrelated party.

Why can't you just move your husbands work station into your property for the time being?

I know it's not ideal, but you haven't clearly stated in the lease that any part of the property is shared, plus if it keeps the peace for the next 10 months it will be a lot better than risking it all at VCAT.

If you do end up at VCAT you will need to take the ad, comparable properties, lease agreement, anything that mentions "common" area, all text message correspondence, all the offers you have given the tenant and everything he's rejected. I don't like your chances still, but you may have a nice member that sees you have made an effort.

You can only end a lease early if the tenant has breached the contract (ie. not paid rent) or by mutual agreement. In saying this though, as the property is unlikely to be approved to rent it out to third parties I wonder if it's even binding...

Sounds like this guy is just a complete PITA and it's certainly a messy situation to be in. Good luck.