VIC Victoria COVID rental eviction moratorium extended to 28 Mar 2021

more bad news for LLs
another excuse for lazy tenants to stop paying rent
my IP in mel had rent reduction for 3 months to 50% and now I bet the tenants will come back and ask for extension

 

25% reduction in Land tax when rent reduced by 50% is the biggest joke ever.

The should say

"Nobody should be worried about reneging on a signed legal Document"

 

In my relatives case, it dont really matter.

Ip being vacant for 6 to 8 weeks with reductions

 

What happens if the tenant is in arrears over 14 days and refuses to answer the phone ? You cannot issue a 14 NTV under the current COVID19 regulations . Insurance claim is not feasible at this stage .So it 's just a wait and see and there is 3 months of this to go .

 

Worse news...

As we all know this legislation was to be repealed at the end of September, in August it was announced that this legislation would be extended until 31/12/2020.

Today, the bill to extend the legislation is before parliament today and will extend this period until end of March 2021.

 

It's completely different at the moment, but if the tenant isn't paying, on day 15 you can submit a case at consumer affairs to get a case reference number then use that to apply to VCAT for a termination order for non compliance of the lease (not paying rent means that they're not complying with the lease) However, if you get to VCAT and the tenant proves they're non-payment of rent is due to covid, they won't give you possession.

 

Thanks . Just to be clear and correct me if I am wrong we cannot issue a 14 NTV under the current legislation because they are overdue .We need a case reference number first prior to applying to VCAT for a termination order for non compliance of the lease,and wait for a hearing (wait time 3 months I was informed ). How do I get a case reference from CAV? Have you been through this process before ?

 

Realistically, it's just different terminology and a slightly different process. There's no 14 day notice to vacate currently. (in the past you'd issue a 14 day notice to vacate, then wait 7 days for it to be deemed served, then apply for a hearing)

Now, you just make a straight application for termination due to breach of tenancy. You submit the details online to consumer affairs to get a reference number (instant) then you make an application to VCAT for a termination and possession order due to breach of agreement. I have one ongoing at the moment, applied on the 18/08 and have a hearing on the 7/09 which is not a bad turn around. If my tenants weren't paying their rent and were not affected by covid, I would expect to be getting possession.

My hearing will be a little more complicated than that (it's for a property I manage in Melton) and the tenant has started paying rent again (They're only 7 days behind now) so I'm expecting an order that will continue the tenancy but hopefully show the tenant we're serious and that they need to meet their obligations given they're income is centerlink based so covid has actually improved their financial standing with the bonus payments!

 

Are there no vic property investors here? Would have expected a lot more noise from this. I like the vic PM, but we are now living in a communist society if the government is interfering in private contracts

 

I can confirm Vic property investors are reading including those with interests in retail shopping centres but have to keep their tongues tied and aren't able to comment in a public forum, lots of disputes and mediation currently in progress in this area for many of the retail landlords.

 

The Victorian Labor party has completely dropped the ball in 2020. They are just lucky the next election is 2022. If it were in 2021 it would be a landslide to the libs

 

We are in a bubble here (especially this thread), if there was a State election tomorrow I wouldn't think there would be a change in government.

 

Sim, I can't click Like for this, but if you implement an "Agree, but Don't Like" button, I would have clicked it....

I can't imagine how many tenants and landlords are going to find themselves in dire straits in the next 6 months or a year or so, assuming that the JK and JS govt payments wind back.

Hopefully it's a soft landing, as opposed to the alternative.

 

And it's been extended... Victorian eviction moratorium extended - News alert

 

I am just concentrating on the legislation in place and how best to work with it or around it ie bend the rules ,not break them(no choice ). Spoke to CAV today and they recommended ,RRP (residential rental providers ,LOL!!) lodge a dispute application first instead of applying to VACT first for a termination order .If the dispute resolution fails,then you have a better chance at VCAT. reason being if you get a hearing with VCAT ,and the tenant only mentions "hardship " it will get thrown out and it is a waste of your time. This by the way is only if the tenant has not advised you they are in financial hardship and approached you for a discounted rental but,merely avoiding paying the rent. It is a dogs breakfast and would love to hear if anyone has been through this process. I know michelle has a case pending with VCAT

 

RBA will ensure a supply of cheap capital to banks, so we don't have to worry too much about increasing rates.

 

Hmmmm I don't know anyone that supports what Dan is doing in Melbourne. Perhaps I live in a big bubble of supporters

 

Stage four lockdown: How Melbourne’s real estate industry will be impacted by Daniel Andrews’ roadmap for reopening - realestate.com.au

Any thoughts? My most immediate;

1) If I were a tenant claiming that I need a reduction due to a lack of income, I would just stop paying if a landlord refused to come to the table and negotiate.

2) The dispute resolution system is likely to become overwhelmed, leading to delays.

3) Courts do not look favourably upon either party being unwilling to negotiate in good faith. If things do go that far, advice from REIV could lead to worse outcomes for landlords.