Hi,
My landlady owns a rental property, it’s a farm with a house on it. Since the beginning of covid-19, the tenant has refused to pay any rent, even the electricity. He believes that he doesn’t have to pay rent because of the virus and that she can’t do anything to throw him out because of the pause on eviction. He was abusive from the beginning, yelling at her and sending abusive texts constantly. He calls her a bully. Looked at RTA website, your income needed to have dropped by 30% to get rent relief, he was on Centrelink before and nothing changed in his income, I think he also has a job. He went to mediation, he was ordered to pay some rent and electricity, fix a structure, he didn’t. She was nice all along, offering reduced rent, sending form for qld gov grant. He didn’t do it. He insists she’s being a bully, and I think he really believes he doesn’t have to pay anything because of the virus. I think he is in a bad place (not coming from a high place myself), but what recourse does she have? He also left asbestos in the bush and other garbage. She literally went and picked it up and got rid of it herself like it’s her problem. Not being a house owner I was like why the hell are you doing that? I mean asbestos. Anyway, she seems resigned, and seems to think the RTA can’t do anything. It’s caused her a lot of grief. She also wants to sell the place, and the guy wanted to buy it but stalling there too. Any advice?
Thanks.
Tenant won’t pay any rent due to covid despite no change in income + other problems.
Comments
She needs to see a solicitor and get legal advice.
Thanks.
https://www.abc.net.au/news/2020-04-17/coronavirus-queenslan…
https://www.covid19.qld.gov.au/the-hub/agents-and-property-m…Maybe contact the relevant Queensland department and find out what the process for mediation is. This guy has to prove he is experiencing hardship. He also is liable for the back rent.
Thank you. They have already gone to mediation. He was meant to pay some rent abs electricity,!plus fix something. He didn’t. He was meant to get dr certificate, he hasn’t. What now? She’d like to sell pretty soon, he wants to buy it with his mum because he sold a previous property he was joint owner in, but then he said she went away for week.
Has she recontacted the mediation group to see if she can get him evicted.
She shouldnt sell to him if he owes her rent and is a problem. I once sold a business to a problem buyer and if I hadnt already taken the deposit off him I would have cancelled the sale, he was really bad.
Thanks. I’ll tell her.
I think he’s freaking out because he wants to stay there which you can understand but he sincerely believes he doesn’t have to pay rent because of the virus, because he can’t get kicked out - he doesn’t understand it’s linked to income.
Agree, better not deal with such a troublesome person.
ACA
You can still evict. Go to QCAT and get an eviction order. If you can demonstrate he isn't paying rent without change in income then you can evict. Remember the government said memorandum on eviction / virus is not an excuse to not pay rent. It might be deferred but it isn't written off.
"moratorium" on eviction.
OzVocabularyPolice is on the other browser tab.
Just sounds like a (profanity) taking advantage, need to know someone who can stoop to that level
Dont sell it to him.
Its probably why he stopped paying rent, i.e to break her.
Remember, everyone on this site talks about real estate investment as if there is never a painful tenant.
So this must be imaginary, because otherwise real estate wouldn’t be a great investment!In reality, and your circumstance, I think you should advise to take the above actions for eviction and consider pursuing through the courts, if time is available to do so yourself (I suspect a lawyer would cost more than you could ever recover). The tenant is a bad tenant, but is riding the wave that is protecting otherwise good tenants. This is always a risk, but sounds like has been an issue before COVID-19 started driving things.
Unfortunately, it seems like those special circumstances have helped a bad tenant.I guess the caution in future is screen tenants well, and deal with problems promptly, so if unexpected issues like a pandemic emerge they don’t compound existing issues.
I’m a bit of a landlord because I look after my mums place for her, so understand that it is unwanted to have bad tenants. But an investment in anywhere else also has risks and rewards, and if you want no dramas, you get 2% at the bank.
It’s just a learn and move on thing.An the property investors who have their heads in the clouds and think you can't go wrong have obviously negged you!
Honestly without the ability to evict the tenant you can try mediation (from what is sounds like this guy wont be reasonable) but the tenants have all the power until September - id simply start the eviction process and the day the ban is up i'd be booting him out.
Tell her to get an agent next time to add a 3rd party layer and if this is a cash in hand job then she is basically f**ked up shit creek
All advice regarding getting a lawyer will probably cost OPs mate more money then the lost rent
Being a landlord at the moment is terrible as this government has basically turned Landlords residential and commercial Pinyadas full of charity money to the renting population of Australia - all the tenants have to do is mention COVID19 and basically your f**k in Vic you are not even really allowed to ask for proof if there income has changed
Being a landlord at the moment is terrible as this government has basically turned Landlords residential and commercial Pinyadas full of charity money to the renting population of Australia - all the tenants have to do is mention COVID19 and basically your f**k in Vic you are not even really allowed to ask for proof if there income has changed
That's got to be one of the biggest exaggerations I've read all day.
https://www.consumer.vic.gov.au/resources-and-tools/advice-i…
Direct quote:
Contact the tenant to determine why they have stopped paying rent. You cannot evict the tenant for non-payment of rent unless you can establish that the non-payment is in circumstances where the tenant could comply without suffering severe hardship.
If that is the case, you may seek a Victorian Civil and Administrative Tribunal (VCAT) order to have the tenancy terminated on the ground that the tenant has breached their obligations under the Residential Tenancies Act or the tenancy agreement.
So yes, if they are not under any financial hardship and are not paying rent, you can get them evicted. It is up to the tenant to show they are in financial hardship to VCAT if they wish to not be evicted, you do not have to show anything. Therefore, you do not need to ask for proof of their income. VCAT will deal with that and ask if required.
Lawyer up get some advice on how to proceed don't want it to get nasty try to find a resolution
so he has money from a previous sale but wont pay rent. You need to see a lawyer to protect your assets.
What a disgusting tennant.
In NSW selling is grounds for an eviction notice
Bikies