Tenants owe rent and keep changing when they will pay

Hi

Ill try to breifly explain the story her

I have a property with 3 tenants. Out of the 3 tenants. Two are a couple. At the start of Covid-19 the partner of the tenant decided to move out and go their separate way due to most likely relationship issues
A few months later the tenants started falling behind in rent. I think they owe about $1400 ( 3 weeks or so ) The reasons they have said its due to not being able to work and they are using the new covid laws to their advantage

We've put in a claim to vcat and its sitting with them in queue which will take forever at the moment

Now the partner wants to move back in. The partner originally said all rent will be up to date BEFORE she moves back in. I agreed and I would scrap the vcat claim.
Now, (and the agent didnt even tell me. I only found this out asking when the partner was going to move back in) That all rent will be paid before the lease is expired ( september )

I feel fustrated they keep changing their mind and due to covid-19 I think they feel I just have to agree with whatever they say.
I dont even want her to move back unless they pay the missing rent

What should I do in this situation? I have already spoken to my agent telling them my opinion and how I feel about this. I said I want the rent to be paid before she moves back in like originally said.

My agent says she is doing everything she can but her hands are tied due to the changes in rentals and due to the pandemic. I understand that, but whats stopping them after she moves back in and they never end up paying the missing rent?

If they dont pay before she moves back in I could just not renew the lease I guess, but then I have an empty house

 

Was the partner on the lease when all three were living there originally?
Was the lease changed to reflect that the partner was no longer living there when they moved out?
i.e. they may still be on the lease and you have no real recourse over whether they move back in?

 

Yes all were on the lease. The partner had been taken off the lease when she moved out
so she would have to be put back on the lease when she moves in

 

I can't see why you wouldn't let the partner move back in, extra money to help pay the rent- BUT I wouldn't be scrapping that vcat claim.

 

I do want her to move in. I was very excited and pleased to hear this news. The only thing thats gotten me is that she told my agent she will make sure the rent is up to date BEFORE she moves back in. And now she's saying she will do it before the lease is finished (September)

I feel like they are just making up crap to avoid it

 

Actions speak louder than words- tell them that they need to pay the arrears down to a manageble level (e.g. 1wk) before their VCAT hearing, or you wont have any choice but to go ahead with the eviction. It's not like you can take any more serious action, and it makes it look like you're trying to give them a chance- which you are.

Also see if you agent will help hook them up with any aid. There's a few organisations around that will help with financial management, payment plans and even pay rent for them!

I'd also push for substantiation of their financial situation and a payment plan, if you're allowed to do that down your way.

Ultimately- you want to tell them that you'd rather they stay and would love to help in any way you can, but you can't afford to budge on that VCAT case.

 

yeh the agent also agree's to not scrap the vcat hearing untill they have paid. But the tenant that wants to move back in said yes we will make sure the rent is up to date before she moves in, but now its a different story

I feel like telling them either, no i prefer the rent paid before you move in, if you are struggling pay half the amount or something

Otherwise I dont feel like renewing the lease in september if they still havent paid

 

I would never renew the lease for someone with history like that, if you decide to keep them for whatever reason, periodic is the way to go

 

I hope you've got LL Insurance.

 

The previous rental history was good ( on paper )

The only reason id keep them at this stage if they didnt pay the missing rent before the partner moved back in and get back on the lease is due to the pandemic. Otherwise id get new ones

By periodic do you mean month to month?

 

I do but can only claim after a vcat hearing which the queue is very very very long right now and they arent even allowing to evict tenants. Have to wait untill September at the moment

 

I'm aware of that, but at least you've got peace of mind that you should be compensated eventually.

 

Has your agent followed the CAV process too? I’m surprised it’s already been referred to VCAT - I’m over 2 months into the process and still haven’t been referred. Every situation is different and I know some are getting through quicker (which is super frustrating), but make sure they’ve done all steps before VCAT for the best result.

I wouldn’t renew the lease either, but chat to your agent about other ways to get them out of this will be an ongoing issue as simply not renewing the lease doesn’t mean you can just issue a no reason notice to vacate as this is being removed.