Tenant wants to take us to VCAT - Help pls

Looks like a rooming tenancy since:

• Tenancy is not on its own title.
• None of the utilities have been transferred.
• Landlord-tenant relationship exists within the inhabitants.
  
• The advertisement declares tenancy to be use of limited space.
• Text messages from the tenant acknowledge shared space and therefore rooming tenancy.

Rooming house owner giving notice to vacate - Consumer Affairs Victoria

• Get a building inspection done and give the tenant 60 days notice based on inspection report (something will always come up-cracks, bulges, leaks, pests). You will not need building permit if the works are less than 11,000

OR

• Give a 120 day notice for unspecified reason

Disclaimer:

• I usually support the vulnerable tenant .
  
• My assessment of rooming tenancy might be wrong as I do not have all the information, please call consumer affairs Victoria

Edit: How is the mail delivered to the tenant ?

 

Br

Brilliant idea, Skilled_migrant! We start seeing some lights at the end of the tunnel.
I have had a read too and hope that our arguments stand. Facts are
- only one room is leased out to unrelated tenant,
- we owners make use of common area, the unit is still part of owner occupied property

this is rooming house other than granny flat lease.
What do others think please?

 

Thanks so much Melbournian, I agreed with all that you said.
Skilled_Migrant pointed out a very good point that the lease can be considered rooming house i/o granny flat lease because of the below facts
- only one room is leased out to unrelated tenant,
- utilities not separately traced
- we owners make use of common area, the unit is still part of owner occupied property

If we can get away from the granny flat legality issue, that would be good as rules around rooming house hopefully are more linean.

regards

 

Some info from comsumeraffair

Who is a rooming house resident? In the eyes of the law, you are regarded as a rooming house resident if: > you occupy a room in a premises where there are 4 or more people who rent a room or bed in the house or building, and you also share facilities such as a kitchen and bathroom

Looks like its not rooming house but hoping its not granny flat lease either. Given rent is $155 bills included vs $220 pw no bills (supported by RE letter), hope we can demonstrate its not whole unit lease

 

The lower rent is basically irrelevant. What matters is the tenancy agreement and that is not in your favour based on what you have said.

With regard to the three months rent to the tenant as compensation tell them to take you to VCAT on that point. I would not expect VCAT to side with the tenant for this.

 

So who drew up the lease agreement?
Marg

 

Me using the standard tenancy agreement from Vic Gov website :-(((((

 

the lower rent is to prove its not leasing out whole unit thus we re not caught by granny flat tenancy legality

 

Not sure why it was suggested but I do think that is incorrect you need to be registered to have a rooming house and the fines and penalties are more severe as opposed to a granny flat

I have done intensive enquiries on rooming house as my ip is close to a university with 5 rooms. There are fire hazard and minimum things that need to be certified to enable it to be a rooming house.

You best try to portray it as a flat mate or housemate room accommodation agreement. Anything else could land u in penalties being imposed

 

I understand your argument and I am saying that in my opinion, your argument has little basis because based on what you have said you have signed a tenancy agreement that demises the whole of the granny flat to the tenant.

You've had a number of Lawyers respond to you in this thread saying the same thing and one has even offered to assist you free of charge. I know you don't like the answer but it is not going to change unless there is something in the tenancy agreement that you have not mentioned.

 

Who has copies of it?

 

I think @melbournian is right. In spite of my thought bubble looks like you have a tenancy in place which over rides the rooming arrangement.

@Tinaandalex please seek advice from Consumer affairs Victoria as yours is a rather unique case due to the landlord staying on the property and the number of tenants < 4.

A guide for rooming houses is available here
Rooming houses | Victoria Legal Aid

Apologies . Thanks @melbournian for picking it up.

 

I wouldn't trust their opinion anyway because as far as I know their calls are fielded by workers that aren't legally trained or qualified.

 

agreed @melbournian Ive just realised its not rooming house. Will borrow your term of housemate room accommodation agreement

 

The most correct names are either 'lodger' or 'tenant', depending on the characterisation of the agreement. Like I mentioned earlier, it could go either way, but the difference isn't that relevant to the main issues anyway.

 

@JDM thanks for correcting me. Its essential to know realistically where we stand where all counter-arguments play very important roles. Sounds like we under-estimated the tenant's side of story

 

thanks for correcting @thatbum. Now I know for sure legal study doesnt suit me :-(

 

hmm wouldn't want to be too condescending toward consumer affairs staff. they do a lot of prosecutions on rooming houses, illegal arrangements etc in victoria. They also do assist in dispute resolution on a variety of matters. not everyone can afford a QC or a legal opinion from a reputable law firm.

 

i think just present your case honestly to the best of your ability in. VCAT i will highly doubt that the tribunal member will award 3 months rent. it will have to be justified they may award some costs but unless your so called tenant, room mate or housemate or lodger can articulate in granular detail, it would not be awarded. Rent owed to the landlord is easier to claim as oppose to the reversed. But i would still give it a shot by just making a truce outside the tribunal