Sharing House - Landlord Issues

tradiesunited on 23/05/2016 - 20:32
Last edited 30/05/2016 - 23:47 by 1 other user

Dear ozbargainers,

Sorry this might be a long read and many questions. Having a hard time at the moment with sharing house.
The landlord wants to increase price without notice and said if we don't pay starting next week we have to move out. The landlord has been causing us a lot of stress in the past two weeks. One week we came home and screamed at my wife for posting something on facebook and she was nothing about her. Then the next day, things were resolved and she apologised to my wife. Than, today she rang up my wife at work arguing she will increase the rent tomorrow, and if we don't pay she will put our stuff on the streets. We came home to her tonight again screaming at us and saying she's increasing price and told us to move out now or she will call the police. We told her to ring the police. I have no overdue payment and have been paying her on time. Also she is holding our bond of $1000. We live quietly and cause no trouble in the room and we both work full time so we are not at home from 9am-6pm.

I am currently looking for a new place, but it takes time because we are both working and studying full time.

What can I do if I'm locked out of the house tomorrow?
What can the police do if she calls them?
Do I have the rights to stay? and does she need to give notice and how long of eviction and rent increase?
Who can I seek for support and advice?

Any advice would be appreciated,

UPDATE: moved out

However, I have some stuff left at the house. We did not leave on good terms. How can I get some of teh stuff I left at the house?

Thanks in advance,
Worriedrenter

Home & Garden

Comments

  • scrimshaw on 23/05/2016 - 20:45
    +3

    The landlord needs to give you written notice of an increase in rent. There are the following conditions

    If the fixed term period of your lease has ended and you are on a continuing (periodic) tenancy the landlord may increase the rent by giving you at least 60 days notice in writing before the date the increased rent becomes payable. The notice must:

    specify the proposed new amount of rent (not the amount of the increase) and
specify the date from which the increased rent is payable and
be signed, dated and properly addressed to you.

    If you have entered into a tenancy without having a written agreement in place, the rent cannot be increased during the first 6 months.

    For more information visit the Fair Trading site

    and this is the form she is required to print, fill and mail to you
    http://fairtrading.nsw.gov.au/mobile0c9a66/biz_res/ftweb/doc…

    What can I do if I'm locked out of the house tomorrow?
    What can the police do if she calls them?

    If she changes the lock on your door and throws out your stuff, sue her ass on the grounds of tresspass. Take photographic and video evidence with your phone.

    A Landlord may not enter your property without your consent

    Refer to this factsheet:
    http://www.tenants.org.au/factsheet-08-access-and-privacy

    The landlord/agent, or another person authorised by the landlord, can enter the premises without your consent and without notice, only:

    in an emergency, or
to do urgent repairs (see Factsheet 06: Repairs and maintenance), or
if the landlord thinks that the premises have been abandoned, or
in accordance with an order of the NSW Civil and Administrative Tribunal (NCAT), or
if they have serious concern about the health/safety of a person on the premises (after they have first tried to get your consent to enter).

    Except in the case of (e) above, the ‘Limits to entry without consent’ (see below) do not apply.

    The Police will just think she's a batty old lady. Pay no heed to her threats of calling the police.

    • tradiesunited on 23/05/2016 - 21:09

      Thanks scrimshaw, this is very helpful in a time of much stress. Does this also apply if I'm sharing a room? Since I am not renting the whole house

      Sorry to be of any trouble but I have a few more questions

      1) May I also ask about the eviction, can she force me to leave without notice?/
      2) Should I call the police if I can't get in the house tomorrow? and will the police then tell me to take my stuff and leave the house?
      3) Should I pay the increase amount starting from next week?

      Thanks a millionssss

      • sly on 23/05/2016 - 21:15
        +1

        Hi tradiesunited,

        http://www.legalanswers.sl.nsw.gov.au/guides/tenants_rights_…

        She cannot lock you out, or you can do one of the followings:

        • Apply to the Tribunal (request an urgent hearing) for an order that your landlord stop breaching the agreement;
        • Contact the police, Fair Trading or a Tenants Advice and Advocacy Service, who may be able to persuade the landlord to stop breaching the agreement;
        • Get a locksmith to open the lock and let you in;
        • Climb in through a window or otherwise break in (make sure you do no more damage than is necessary).

        If found that she "unlawfully" locked you out, she might be fined up to $22,000. No landlord can force a tenant out unless proper notice is given.

        You also shouldn't pay any rent increase unless you have been given proper notice "formally".

        • tradiesunited on 23/05/2016 - 21:19

          thanks sly

        • tradiesunited on 23/05/2016 - 22:09

          Is that the The NSW Civil and Administrative Tribunal ?

          They have a fee so I would need to apply the right one since they have alot of options. matter type: residential proceedings? cost $47

          Is the residential proceeding the one I am supposed to apply?

        • sly on 24/05/2016 - 07:05

          @tradiesunited: It would be this http://www.ncat.nsw.gov.au/Pages/cc/Divisions/Tenancy/tenanc…

          I just read the urgent application cannot be lodge online. Urgent application is applicable when you are locked out of the place, landlord is totally stopping you from accessing the place, throwing out your things, etc.

      • psyren89 on 23/05/2016 - 21:17
        +2

        1) No. You don't have to move a muscle until she gives you formal notice to vacate. Ranting at you doesn't count as any kind of notice.
        2) Yes, no.
        3) No. If you have not signed a new lease which refers to the new rate, you don't have to do anything.

        Start looking for a new place.

        • tradiesunited on 23/05/2016 - 21:20

          thanks psyren89, yep I'm currently looking for a new place

  • barginhunter11 on 23/05/2016 - 21:52
    +1

    I bet the bond hasnt been lodged. Illegal

    • tradiesunited on 23/05/2016 - 22:09

      The bond was not lodged

      • nultma on 25/05/2016 - 05:29

        Report it to Office of Fair Trading, they'll investigate it.

  • spackbace on 23/05/2016 - 23:24

    Does she own or rent the property?

  • garetz on 24/05/2016 - 02:07

    Sounds like you are living with a crazy person, if i was you i would simply ask her to stop harassing you, if she has the urge to say something, just put your hand up and say "stop" i have no interest in what you are about to say, stop talking to me. If you wish to speak to me, contact your solicitor and put it in writing, then i will formally respond.

  • Euphemistic on 24/05/2016 - 07:35
    +1

    Time to move. Try to reason with her that you are looking for new accomodation and will be moving out as soon as possible, ask he to be patient as it isn't easy to find a new place. Keep it civil as much a possible.

    Take leave from work to find a new place if you have to.

  • kima on 24/05/2016 - 08:16
    +4

    firstly you are not a tenant you are a boarder. you do not have the same rights as renters under the residential tenancy act so alot of the information above you does not apply to your case.

    did the landlord lodge your $1000 bond with fair trading? i highly doubt it and i would be reporting this (fair trading bond department).
    contact NCAT and tell them the situation and ask for an urgent hearing.
    police wont help because its a civil matter, they might try to reason with her if you are lucky. boarders can be kicked out on the spot, renters can not.

    only you can decide your options right now - if you have somewhere else to go or if you would be better just paying her. obviously you should be finding someone else to live quickly but lodge in ncat and sort it out

    • tradiesunited on 24/05/2016 - 09:42

      Yeah that's what I heard, that I am a house share does not have the same rights. That's why I am scared.

    • tradiesunited on 24/05/2016 - 09:42

      I'm still unsure which category to lodge under the ncat

  • gjk on 24/05/2016 - 08:31
    +1

    So just to make things clearer, have you signed a lease? Do you have any documentation of the original agreement you had with the landlord? Have you got a receipt for your bond? Without some documentation of your agreements, this may become a case of he said, she said…

    • tradiesunited on 24/05/2016 - 10:27

      Signed shareholders tenancy agreement

      • gjk on 24/05/2016 - 10:53

        Okay, so this should have some information within it about rental increases, reasonable notice, etc. If you are defined as a lodger, it does not look like the landlord needs to lodge the bond or provide more than a weeks notice to increase the rent (if you pay weekly). Suggest you have a look at the details within your agreement and resources on the websites like http://www.tenants.org.au/, http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…? Unless you have a standard lease, it is likely you will be required to pay rent increase or find alternate accommodation.

    • tradiesunited on 24/05/2016 - 10:28

      No receipt, just bank statement

  • [Deactivated] on 24/05/2016 - 15:43

    If she comes and starts yelling again, call the police.

  • SnoozeAndLose on 24/05/2016 - 15:46
    +1

    Report your landord to ATO for Tax avoidance

    • tomsco on 24/05/2016 - 16:51

      Haha. Perfect.

  • sly on 24/05/2016 - 22:05

    It's never a clear case of lodger/boarder or tenant in cases like yours. (Ref: http://www.legalanswers.sl.nsw.gov.au/guides/tenants_rights_…) "In determining whether an occupier is a lodger or a tenant, the Tribunal has considered factors such as whether the landlord or caretaker lives at the premises (tends to indicate a lodgement), whether the occupier can lock the door to their room (tends to indicate a tenancy), whether there are any ‘house rules’ (tends to indicate a lodgement) and whether the landlord provides cleaning services, linen, newspapers or milk (tends to indicate a lodgement). There is no single factor that always determines whether an occupier is lodger or a tenant."

    So if and when you goes to the tribunal, understand what your options are.

    I think most would advise you, as long as you can, get out of there as soon as you can. But if your landlord locked you out, you should know your rights.

  • Save 50 Cent on 24/05/2016 - 22:59

    I have been in a very similar situation before. Basically, if the landlady throws your stuff out, the police will side with her and won't intervene or force her to let you back in as it's a civil matter. But she will be in deeeeep trouble when you take her to court. That's what I was told by the police and RTA in Queensland when i asked. (I also did not have a written agreement.. Only text messages and bank statement).

    I think she's just trying to take advantage of your naiveness and squeeze more money out of you. Let her know that you know your rights and that you'll be moving out as soon as you find another place. She'll definitely shut up then.

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