Landlord Wants to Sell Property, Issued with VCAT Notice. What's The Likelihood I Will Be Kicked Out?

eckorock on 17/10/2020 - 21:08
Last edited 17/10/2020 - 23:00

Hi,

I have been renting an apartment since 2015, and my landlord (who lives overseas) has issued me with notice that they wish to sell and take vacant posesssion.
I have received VCAT notice of hearing under section titled "Termination order: sale of property"

My situation
Living in a 2bdr apartment with my wife and baby , currently working from home, wife currently unable to work due to covid restrictions.
Being forced to move out would be a pretty big inconvenience and obviously financially costly (paying for movers, cleaners, taking time off work, finding a new place and signing a lease, etc).

https://www.vcat.vic.gov.au/news/changes-law-about-renting-h…
This site says
"It is no longer possible for a landlord to give a tenant notice to vacate a rented premises."
However it also lists a valid reason for landlord to request vacant possession as the reason given. (Sale of property)

Questions

  1. Just wondering if anyone has experienced this during Covid times and wondering what the chances are of the magistrate deciding they aren't allowed to force us out? Or is it a fait accompli that the magistrate will tell us we have to leave in 60 days?
    (Based on the facts mentioned above, personal family circumstances, and current covid situation making it difficult to find a new place)

  2. If VCAT is unlikely to kick me out, then as an alternative option would you think it's reasonable for me to suggest an agreement directly with the landlord, e.g. I will agree to move out by a certain date if he waives my rent for 45 days

From the VCAT form "The landlord is seeking a termination order either 60 days from the hearing date or a date agreed to with the tenant, whichever is earlier"

thanks!

Home & Garden

Comments

  • [Deactivated] on 19/10/2020 - 16:54
    +11

    Talk about a thread backfire. Its sad watching the mental gymnastics the OP comes to in thinking they deserve free rent.

    "Hey Mr Gerry Harvey, i paid for your products all those other times, and didn't damage your store while i was there and have a loyal customer for 5 years, can i please have a fridge for free?"

      • funnysht on 19/10/2020 - 20:20
        +4

        yeah they do that because that's what is stated in the contract ….does your contract say anything about loyalty program? -_-

        by the way- im sure the LL is thinking the same thing- i gave this tenant 6 years ..gee why doesnt he move on?

          • funnysht on 19/10/2020 - 21:08
            +10

            @eckorock: Relax bro…sorry i didn't realise you signed a 'forever contract'

            by the way your whole post is about not wanting to move out…..

        • Eeples on 23/10/2020 - 21:24
          -1

          He didn't GIVE …. the LL got money for it; for 5 years.

  • voiletmay on 19/10/2020 - 17:01
    +5

    This is just what happens to people that rent sometimes. You are lucky you got five years.

  • redslert on 19/10/2020 - 17:52
    +4

    From perspective of the owner,
    1) Legally kick you out based on the rules, results in normal rent up to the date and $0 after.
    2) Let you stay for 45-days without rent and loss of 45-days rent.

    WHAT WORLD DO YOU LIVE IN?!

      • redslert on 19/10/2020 - 19:05
        +13

        How ignorant are you?!

        From your very own research.
        On what world do you live in where black-and-white written-rules means nothing?!

        YES YOU ARE CRAZY AND ENTITLED!

        START PACKING!

        https://www.vcat.vic.gov.au/news/changes-law-about-renting-h…
        This site says
        "It is no longer possible for a landlord to give a tenant notice to vacate a rented premises."
        However it also lists a valid reason for landlord to request vacant possession as the reason given. (Sale of property)

  • Brodenn on 19/10/2020 - 18:33
    +2

    "Just wondering if anyone has experienced this during Covid times and wondering what the chances are of the magistrate deciding they aren't allowed to force us out? Or is it a fait accompli that the magistrate will tell us we have to leave in 60 days?"

    Yep. Happened to me recently. First we knew of it was when the vcat letter turned up. 60 days notice and it was a couple of months before end of 12 month lease was due to expire. Fortunately the real estate was unprepared for the (phone) hearing and didn't have proof of sale. The judge said that it wasn't reasonable to expect us to leave and gave us until end of lease. Moving out this week to a better place so not really worried.

    I've had a couple of vcat tribunals over the years of renting and the thing I learnt is the judge is fair and generally sides with the tenant. My advice is be prepared, understand the point of tenancy act in question, have any evidence supplied, be level headed not emotional. Also you can contact tenants victoria for advice or check their website, it has great info. If you have circumstances why you can't move during covid then they will take it into account. They won't kick you out on the street.

    • eckorock on 19/10/2020 - 18:38

      cool,
      thank you.

    • echelon6 on 19/10/2020 - 20:24
      -1

      Wish there was a register to keep track of how many tribunal cases a tenant has attended, either as plaintiff or defendant. As a LL I would not want to fk around with such tenants. Rather give it to easy and reasonable tenants for a lower rent than deal with these types.

      • Brodenn on 19/10/2020 - 21:01
        +4

        That would be fine by me. Fortunately in one case the LL was a greedy c*** and the other was as above and mandatory due to covid. You sound like the first one :) VCAT is there to protect tenants from scumbag landlords as much as it is to protect the LL interests. A lot of LL and real estate agents think that tenants are second class citizens and try to stitch them up because people know no better. Knowing the tenancy act and keeping things fair/by the book is all I ask.

        Oh and fwiw my wife and I work reliable jobs, always pay rent in advance and look after the property. We've always gotten every single property we've applied for over all the many other applicants.

        • echelon6 on 19/10/2020 - 21:30
          -6

          Not greedy, just want to conserve mental health. A tenant that knows all the rules and is willing to play the tribunal game is the worst. And now with covid, it's really quite shite for LLs.

  • Ghost47 on 19/10/2020 - 19:11

    Can't believe all the hate you're getting for what sounds like a reasonable problem especially in the current climate. Sounds like a shit situation and I empathise with you, not sure what can be done for you to stay. Maybe if the buyer is buying for investment purposes and the current "hot shot" landlord tells them there's a tenant already in there you could stay, but I'm not sure what the process would be for that to happen or if it's even a valid possibility.

    OTOH could be a good situation because it is a renter's market at the moment and maybe you can find a place with cheaper rent. That is until the landlord jacks up the rent in 6 months time for no apparent reason.

    • eckorock on 19/10/2020 - 19:58
      -5

      agreed…
      the hatred and bitterness towards tenants and anger directed at me… smh

      • funnysht on 19/10/2020 - 20:16
        +2

        maybe if you didnt have a job or disabled and couldnt move out we'd take sympathy on you…not your 'excuse'

        • eckorock on 19/10/2020 - 21:06
          -4

          huh?

          Yeah this forum clearly has a lot of sympathy towards tenants!!!

          • dizzle on 19/10/2020 - 21:49
            +3

            @eckorock: Funnily enough, if you read back on most Landlord/tenant posts on here, they normally side with the tenant and the big bad landlord screwing the little guy. I know those landlords exist out there, just as there are the renters who take advantage of landlords.

            I don't think there's much wrong with the original question (apart from wanting the free rent), however I can see how other people read it as "what can I do to not leave".

            • Ghost47 on 19/10/2020 - 22:07

              @dizzle: I see the opposite funnily enough. People usually defend the landlord. This was back a few months ago I think.

    • Yola on 20/10/2020 - 12:08

      The landlord cannot increase the rent till the end of the lease, usually 12 months, and then it has to be reasonable and able to be defended with market comparisons, at least in Vic.

  • itstuan on 19/10/2020 - 20:21
    +5

    I feel your pain moving. I hate moving too. When I was still a renter I moved house like once a year. Sometimes quicker. It’s inconvenient but its not my place to tell the landlord what to do with their property. Best of luck with the new place. Cheers

  • nickj on 19/10/2020 - 20:58
    +6

    It sucks when you have to move because of something outside of your control. It's happened to me too. Find something sooner rather than later, move, and then return keys. In NSW (and I assume VIC is the same) when you're given an eviction you can leave before the date and stop paying rent from the day after you vacate & return the keys (I got out about 30 days before the date we were given).

    And yes it's expensive - people here saying just get some mates and ute have no clue, it might work like that in your 20s, but it's not like that moving a family when all of your mates have families too. Last time I moved it cost about $3500 by the time I had added up movers, strata moving fee, cost of furniture which fitted old place perfectly and which was useless at new place, loss on dishwasher (old place had no dishwasher, new one did, so sold it on gumtree but massive depreciation), internet setup costs, some ikea rugs for new place (it has carpets and we have a kid, so wanted rugs to catch dropped food), cost of our damaged property at the old place due to a burst water pipe (the problem that meant we had to move out), and so on and so forth.

    But worse than the cost was the stress, it was just awful the sense that your home is gone (through no action of your own), and you have to find somewhere else by a deadline or else you're basically homeless [I honestly felt & still feel that the notice periods should be longer, and that "no cause" evictions should be illegal; I'm a normally happy person, it was fine in the end, but the sense of pressure due to a deadline in a few months did not help our mental state-of-mind at all].

    It's also so much harder with a child - if you possibly can, have a family member, e.g. grandparents, look after your child for 5 to 7 days so that you can have clear run to just focus on the move (2/3 days before move to pack, plus day of the move, plus 2/3 days after move to unpack everything and get things set up [first 3 things I want set up in a new place are: beds, dishwasher, washing machine; everything else seems far less daunting after you know you are sorted for the fundamentals of being able to sleep, wash your dishes and wash your clothes] ).

    Nevertheless, I can tell you that you cannot change this, so it's best to just accept it, and find something else sooner rather than later. In the end, you may well find something better (better location, better natural light, better facilities, etc). We did, so although I did not feel like it at the time, in the long run they actually did us a favour (lots more natural light, a view, air crossflow, better building, slightly better location). And in the end the LL had a vacant property with zero rental income for 6.5 months, plus ages of dealing with insurers, plus paying the excess, plus they spent $50k improving the property to bring it up to market standards, plus a boatload of stress - all because they were too cheap to maintain the plumbing and pay the $3 for a replacement hose. It's best to just accept it, move on, and not look back. I promise you that when you're in the new place and have handed back the keys to the old place, all of that stress will just evaporate, and you can go back to enjoying life.

    • eckorock on 19/10/2020 - 21:06
      +1

      thanks, I appreciate the compassion and understanding

    • ozhunter on 19/10/2020 - 21:23
      -1

      [I honestly felt & still feel that the notice periods should be longer

      LL gives him 60 days. OP said he could move in 45 days.

      In WA it's 30 days.

      and that "no cause" evictions should be illegal

      that's ridiculous lol

      • nickj on 19/10/2020 - 22:24
        +2

        It's actually not ridiculous. Most OECD countries don't allow this, Australia is one of the few that do. Changes to the law for this specific change have been proposed in NSW and Vic. The reality is that for an eviction there always is a reason, such a change would not outlaw evictions, just "no cause" evictions. Where the tenant had paid the rent on time and looked after the home, there should be a higher standard than just "no reason".

        • dizzle on 20/10/2020 - 00:43
          +1

          Can the reason not just be "end of contract"?. Even if you are on a periodic contract the 60 day period (or whatever it is for each state) is the period to announce an end of contract.

          If it's only the tenant that can end the contract with a notice period it doesn't sound fair to me either.

          • bohn on 20/10/2020 - 11:57

            @dizzle: Victoria is introducing new laws and one of them will be that a LL can terminate a tenancy after the first fixed term only for 'no reason' - after that, they can't. So you better find out if you have the OP in your place in the first fixed term ;)

            • dizzle on 20/10/2020 - 19:03

              @bohn: Not currently a landlord or in VIC, so not an issue for me.

              However, that is absurd. Aside from the OPs issue of selling the house, what if you after 5 years of renting the house, you want to move back in?

              This is going to give an increase to something many people have objected to on previous Landlord posts here. And that's stopping poeple from going onto ongoing leases. Either the Landlord will refuse to renew the year long lease and get someone else in, or they find a way around it by getting the tenants to sign new leases every year.

              • bohn on 20/10/2020 - 19:09
                +1

                @dizzle:

                what if you after 5 years of renting the house, you want to move back in?

                You talking about the landlord moving back in after 5 years? No problem, that is an actual reason. They just can't use the 'no reason' excuse after the first fixed term expires. All other legit reasons are still valid.

                Either the Landlord will refuse to renew the year long lease and get someone else in, or they find a way around it by getting the tenants to sign new leases every year.

                This wouldn't happen as much as you think.
                It's a bit of a pain to just kick someone out for no reason - losing rent from that tenant, advertising costs (internet plus board), rental checks for prospective new tenants (multiple if some fall through) - new tenant might negotiate a slightly later start date, delaying it a bit further. The agent then charges a rental leasing fee. If the property remains vacant for some time you may even need to drop the rent to get a tenant.

                or they find a way around it by getting the tenants to sign new leases every year.

                That is not a way around it. The member at VCAT would not be fooled by this ;)

                • dizzle on 22/10/2020 - 14:00

                  @bohn: OK, The way I read "No Cause" was that if the tenant gave no cause to be evicted you couldn't. As long as the owner can evict for reasons of their own (like selling/moving in) I can understand that.

                  Having been both Landlord and Tenant recently I still think the balance is already skewed in the tenants favour and doesn't require this.

      • Duckie2hh on 20/10/2020 - 07:02
        +1

        TBH, if you are a good tenant and assuming your LL is not an @$$H0L3; I would not expect that people to get hit by "no cause" evictions. From a LL's perspective, the "no cause" eviction gives a quick way to evict problematic tenant (i.e., asking for the bathroom to be renovated to 'modern standards' 2 weeks after moving in).

        It costs LL to find and procure a new tenant, not to mention loss of rent during the absent periods. A LL would always want a continuous tenant that pays on time and looks after the property.

        • nickj on 20/10/2020 - 11:53
          +2

          We were exactly that - a continuous tenant that pays on time (never late, ever), looked after the property perfectly - and we got a "no cause" eviction notice. And we never asked for anything above standard maintenance (I never asked for the place to updated to "modern standards", I'm saying the place was dated and we were okay with that - preferred it even - but the LL decided themselves to update it, presumably to make it more marketable). And by standard maintenance I mean: the only power point in the laundry shorted out with a loud zap and bright light, and we asked for it to be fixed, and electrician confirmed it was a wiring problem; the wall behind the shower was poorly sealed and in a 1 foot by 1 foot area the paint started cracking and large salt crystals started forming on the wall, and the plumber confirmed it was a problem with poor seals around the bath; and so on and so forth. And I don't think for a second the LL was a malicious person. So the exact scenario you say shouldn't happen, did actually happen to us.

          The problem was the LL never spent a cent on pro-active maintenance, and after 5+ years of living there, a hot water pipe/hose failed, it burst during the night at the same time as it was raining hard outside, so it sounded just like rain & so the family slept through it, it flooded the home with hot water, the second we realised what had happened we turned off the water & called the agent & the plumber, but the hot water completely warped & destroyed the imitation floor boards & the cabinetry in one of the bathrooms. The LL tried to keep us a tenant, but in the end they couldn't make it work because they had no idea how long it would take to replace the floor, so they evicted us with "no grounds" when they had the floor repairs all organised with the insurer and the repair people, and the agent was very happy for us to use them as a rental reference at our next place. Which sounds all well and dandy - but what it fails to capture is that it was expensive and stressful, and I wouldn't wish it on anyone.

          • bohn on 20/10/2020 - 12:02

            @nickj: That's not your usual no cause notice. There is another notice they perhaps could have used depending on the works required 'Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained) cannot be properly carried out unless the tenant vacates.'

        • ozhunter on 20/10/2020 - 12:57

          True which I think the "no clause" evictions are ridiculous.

    • dhnqt on 20/10/2020 - 11:22

      In NSW, due to covid, the landlords have to give 90 days notice now, which I think should be plentiful for most tenants

    • Mistredo on 20/10/2020 - 18:17

      Can you please provide me with a link that says you can vacate a property earlier and not pay rent if you are being evicted?

      • nickj on 20/10/2020 - 21:14
        +1

        For NSW, I would refer you to: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/00… ; and under "information for the tenant" it says "Except where this notice is issued because the fixed term period is ending, you can vacate and hand back possession at any time before the date you have been requested to vacate. You do not have to give your own notice you only have to pay rent to the date possession is given."
        Also: https://www.tenants.org.au/factsheet-10-landlord-ends-agreem… , see the "Leaving before the date given by landlord" section.
        I don't know the rules for other states, but I assume that they would probably be similar.

        Basically you move your stuff out, clean it, take photos [1], then go into the real estate agents, tell the agent you are handing back vacant possession early. Normally they will then photocopy the keys, and get you to date and sign it. Tell them you would like a copy of this, because they can't argue you didn't hand back vacant possession if they gave you a signed & dated photocopy of the keys that they made. Request that you be there when they do their inspection, so that you can complete the condition report together (easier to solve any minor issues this way). Leave office. Then fill in the form for requesting your bond back, or do online [2]. Cancel any automated bank transfer payments for rent. Diarize the date and time of handing back vacant possession. You could also email the agent to confirm you vacated (if for some reason they didn't give you a copy of the photocopied keys, then it's good to a have something in writing confirming this).
        [1] take lots of photos of the place after you have cleaned, but before you have returned the keys. These, especially alongside a similar set of photos when moving it, can be useful in the event of any dispute about condition of the property.
        [2] this starts the clock for getting bond returned in 14 days; also means the LL has to pay a processing fee if they want to challenge full bond return, it's only ~$60, but if it they quibble over something small or trivial with a value of less than $60 it won't be economic to dispute.

  • LiQiD on 19/10/2020 - 21:25
    +1

    OP - if you haven't already done so suggest you read through the Tenants Victoria website as it contains useful info.

    https://www.tenantsvic.org.au/advice/coronavirus-covid-19/

    The Eviction link does state that the landlord cannot evict you if you are unable to pay/fall behind in your rent due to COVID19.

    https://www.tenantsvic.org.au/advice/coronavirus-covid-19/ev…

    • dizzle on 19/10/2020 - 21:50
      +1

      The Eviction link does state that the landlord cannot evict you if you are unable to pay/fall behind in your rent due to COVID19.

      But that's not the reason. The owner is selling, which is a valid reason within the Covid regulations.

      • YoungQuan on 19/10/2020 - 22:03
        -2

        he was such a pain in the ass that the owner decided to sell

        • Eeples on 26/10/2020 - 20:17

          …By making viewings difficult?

          Who knows?

  • justgooddeals on 19/10/2020 - 22:03
    +3

    Seems like a lot of unnecessary anger directed at the OP. All he did was ask - if it’s ok to ask - for a rent reduction from his landlord.
    Asking never hurt anybody. It’s for his landlord to decide.

    Personally if I was his landlord I would tell him he had two chances of rent reduction-

    A) Buckley’s

    And

    B) None.

    Nothing evil about asking though. His landlord might be a simpleton or an idiot and conceded to his demands

    • eckorock on 20/10/2020 - 20:43

      agreed mate

    • gimme on 21/10/2020 - 09:35
      -1

      That is correct but Ozb is full of angry unsatisfied people who never do anything wrong and know everything about everything.. oh wait I may have just described the internet.

  • Duckie2hh on 20/10/2020 - 07:02
    +2

    Watching this thread, I'm up to my second bag of popcorn. ^__^

  • annyfication on 20/10/2020 - 10:52
    +2

    Whilst I understand you've been a good tenant for 5 years, this is purely a business transaction. The decision to sell shouldn't be taken personally. It just happens to come at a time where it inconveniences you immensely.

  • pharkurnell on 20/10/2020 - 11:09

    Maybe I missed it but do you have a lease? or just week to week??

    • Yola on 20/10/2020 - 12:15
      +1

      After 5 years it is most likely a monthly tenancy.

    • bohn on 20/10/2020 - 12:37

      If there was a fixed term lease they wouldn't be able to kick the OP out. In that case, the OP would get what he wanted most likely… $$$$$.

      • pharkurnell on 20/10/2020 - 12:42

        thats why I was asking :)

      • stumo on 20/10/2020 - 18:51

        They wouldn't be able to by law, but they certainly give it a good try.

        Can OP just say if they have a lease or not?

        • bohn on 20/10/2020 - 18:55

          OP likes to leave some details out to keep it mysterious but my guess is the termination date is on/after a fixed term lease expiry date, or he is on a periodic lease. When an agent knows a landlord is going to sell they don't offer a renewal. He isn't in a position to negotiate free rent etc hence he came to the ozbargain crew for advice ;)

        • eckorock on 20/10/2020 - 20:47

          it's a month by month , has been since I fulfilled the original 12 month lease in 2015

  • Shisn0 on 20/10/2020 - 13:09
    +2

    A few months ago after 3years of renting we had VCAT Notice & then hearing for landlord wanting to renovate & sell property.

    It seemed unlikely we would be able to dispute this as it was a valid reason to end lease during covid19 and likely just delaying the inevitable, so we discussed with our real estate about if the landlord was happy to break lease early if we found a place (so didn't get stuck paying remaining lease) which they were. During the VCAT call we had a chance to mediate with the real estate and settled on having some flexibility with our move out date, extra few months if needed (but we were already actively looking and applying for houses) as was during peak of covid restrictions, also no longer had job for myself and housemate hours prob <10hrs week. Real estate was happy to postpone hearing for a later date about 2months later. Also due to planned renovations/floors removal we agreed that carpet cleaning wasn't needed (tho house ended up being listed as is).

    In the end our real estate let us know about a place that was yet to be listed and we were approved for, moving about 1 month after VCAT hearing.

    If you discuss with landlord/real estate you will hopefully find they can be a lil flexible on moveout dates & and any remaining lease period, but don't leave it till as late as possible, better to get it over and done with imo. You might get lucky with a week free rent or something, but don't expect it as it's not entitled.

    Yes, moving is a royal pain and costs quite a bit (planning and saving prior always helps), but it could be worse, just be happy you still have your job during this. The market is pretty rough to get into if you no longer have job and relying on centrelink currently, tho as controversial as the covid19 supplement payments are it really helped for us to manage paying movers, bond & monthly rent for new place +all the bills (no bond cleaners as cleaned ourself) and rego/insurance at same time =/

    I've never had much issues getting a place till I had no work, this time we probably applied for 20+ propertys on low end price of rental market, before we had luck.

    Anyway best of luck with moving.

    • bohn on 20/10/2020 - 14:00

      If you discuss with landlord/real estate you will hopefully find they can be a lil flexible on moveout dates & and any remaining lease period

      I am not sure we have got the full story. There may well have been communication from the agent that we are unaware of (based on some of the responses from the OP).

      • eckorock on 20/10/2020 - 20:46
        -1

        I didn't leave anything out of the story.
        The agent came by to do a valuation and told me that the owner wants to sell, and because of covid it has to go via VCAT hearing.

        • bohn on 20/10/2020 - 20:55

          Hopefully you guys can find somewhere else to live soon.

  • mitty on 20/10/2020 - 20:47
    +1

    I am a Land Lord and for various reason we also want to sell our property, but also for various reasons (some obvious) it's not a great time to do that. We have great tenants who are still employed and still paying rent (and consider ourselves very lucky to be in this situation). The time will come where the tenants will move out and then we will probably look at selling. My point is, that the Landlord must be in some dire situation (financial or other) where they have absolutely no choice but to sell. It sucks but that's the way it is. I doubt they're doing it because they want to throw you out on the street in the middle of a Pandemic. VCAT is probably your best chance of some kind of recourse if you can't negotiate with them directly (or via the Agent).

    I'm not apologising for the Land Lord, I wish you luck and hope you can get it sorted. But if the Landlord is following the letter of the law then asking for things like 45 days of free rent is probably not the best place to start.

  • berry580 on 20/10/2020 - 21:56
    +1

    OP, be a decent person and move out asap please.

  • duluxe2000 on 21/10/2020 - 10:54

    I don't understand if people like the place they rent and want (some) security , why don't they keep renewing 1 year fixed length contract ? One of my friends does it every year.

    • bohn on 21/10/2020 - 11:09
      +2

      You can if both parties agree. The landlord doesn't have to offer a new fixed term though.
      Some people are living in properties for 10-20 years, and the only fixed term they had was the first year.
      Agents would encourage landlords to do it as most charge for renewing leases these days. Some years ago, agents only charged an admin fee for drafting up the lease renewals. These days they try and charge at least one week rent.. unbelievable. Make sure you if are renting your property out you get them to cross that off on the authority. Leasing fees I can understand, but not just renewing leases of existing tenants (other than a small fee for lease preparation)!

  • peterdante on 21/10/2020 - 11:09
    -2

    I had been renting a house for 6 years when the Landlord put the house up for sale around May this year.

    The rental market was terrible in my area and I was struggling to find a new place, 3 months went by and then the house sold.

    The real estate new how tough finding a place was in my Town and got quite pushy with me on moving out before settlement, numerous times they tried getting me to give them notice to vacate via email but I had nowhere to go so that was not happening.

    I got letter for hearing date with VCAT about eviction which I was expecting.

    At the hearing I was told eviction would be given for 60 days after the court date. Which would put them right on settlement date for sale of property.

    Unfortunately for them they forgot some important documents so the hearing got adjourned.

    Another month went by and still no new hearing date and no new rentals within my price range had hit the market.

    Now only like 3 weeks until settlement and nothing had really changed on my end, technically I still had not been evicted and couldn't be until we sat another VCAT hearing.

    I was being told the sale of the property would not go through if I had not vacated property and they basically started begging me to move out.

    2 week before settlement and I get a call saying they have a place through them that is within my price range and tell me its mine without even going through it.

    My first instinct is I gotta see the place before I commit so I go through it and it needs a complete renovation, no kitchen, no bathroom, no flooring ect

    I tell them once its finished I will go back through it and if its all good I will send in my notice to vacate.

    Week and a bit goes by and I go back through the place and its completely finished and ready for a tenant.

    I sign the lease and move in a few days after.

    From my experience I suggest putting your situation back onto the real estate agent and make them do their job, tell them you need a new place and quickly.

    Half the headaches from my situation could've been avoided if my real estate actually offered helping me find a new place early.

    6 years renting though them with no damage to the property and rent always paid 2 weeks in advance I would've thought they would be eager to help me out.

    Maybe they will help you.

    • bohn on 21/10/2020 - 11:17
      +1

      From my experience I suggest putting your situation back onto the real estate agent and make them do their job, tell them you need a new place and quickly.
      Half the headaches from my situation could've been avoided if my real estate actually offered helping me find a new place early.

      Your situation is totally different, but we get what you are saying. If the agent doesn't 'forget some important documents' then the eviction will take place and there will be no urgency for the landlord or agent to do anything else.

      Basically, you got lucky. Hard to base advice for someone else on this.

      • peterdante on 21/10/2020 - 11:25

        The advice is get the agent to do their job ?

        If you are tenant with exceptional renting history my first extinct from an agents point of view would be we gotta get these people a new place.

        • bohn on 21/10/2020 - 11:39
          +1

          The advice is get the agent to do their job ?

          The agent's job is to act on behalf of the landlord. The landlord pays them. There is a common misconception among some tenants that the agent is there to work for them.

          An agent will definitely try and get a good tenant into other rental properties (although what they did for you was exceptional only because of an error they made) but we don't really know what the agents even think of the OP. Paying rent on time is just one factor. I've seen plenty of tenants who have paid on time who are a pain to deal with and would not be instantly directed to other rental properties.

          • peterdante on 21/10/2020 - 12:33

            @bohn: The rigmarole from the VCAT hearing is not gonna be worth it, especially once he starts talking about the stress he and his family is gonna suffer in these unprecedented times.

            Put the onus onto the real estate agent.

            Tell them you want a new property that is suitable for your needs FAST!

            Don't just get pushed over, the government introduced these new rules for a reason.

            • bohn on 21/10/2020 - 12:40
              +1

              @peterdante:

              The rigmarole from the VCAT hearing is not gonna be worth it

              If the agent can't/won't (usually it would be can't) find them another rental property (remember, the person also has to want what they have on offer), VCAT will be absolutely worth it for them as the agent needs them out because the landlord needs them out. Ideally they find a place themselves and move out, if not, the hearing will go ahead.

              Don't just get pushed over, the government introduced these new rules for a reason.

              No one is getting pushed over. The new rules do not prohibit the sale of a property.

              Tell them you want a new property that is suitable for your needs FAST!

              If your agent has nothing suitable (or in their price range or whatever it may be), the tenant needs to go look on realestate.com.au or any other site - the agent is not paid to go and find them accommodation elsewhere.

    • peterdante on 21/10/2020 - 13:02
      +1

      From my reading of the original post he does wanna move but given the current situation going on with covid-19 and how moving is gonna effect him and his family then VCAT hearing is gonna be real fun for everybody involved.

      Good luck with it OP !

      • bohn on 21/10/2020 - 13:26
        +1

        VCAT hearing is gonna be real fun for everybody involved

        I believe it will be straightforward assuming the agent hasn't forgotten to get an authority to sell.
        OPs energy would be best focused on finding a new place, not trying to get freebies from the landlord.

        given the current situation going on with covid-19

        covid also impacts landlords, but it appears you only think about tenants.

  • blorx on 21/10/2020 - 11:15

    100%

  • zzzsianzzz on 21/10/2020 - 13:29

    high.
    or you can buy from your landlord?
    your landlord might be having their issues and have to sell the place. selling now is not a good time. you dont have to move after you buy..

  • sfk10 on 21/10/2020 - 17:21
    +1

    Have you ever thought that the landlord might be having financial problems.

  • [Deactivated] on 21/10/2020 - 18:04
    +4

    I don't understand the conundrum.

    The landlord is meeting his legal obligations to you and it is all legit.

    It's just an unfortunate roll of the dice for you but that's life.

  • SNA14L on 21/10/2020 - 19:51

    Mate, you do what is right for you and your family whatever that may be. The LL is not your friend, the real estate agent is not your friend. What I think you are seeking is reciprocity for what you deem is favourable past behaviour by you. The LL doesn’t owe you anything. You don’t owe the LL anything. If you can get 45 days free rent, more power to you. If you can, the LL might view the lost rent a lesser cost than you being in there for a longer period. Who knows. At the end of the day, look after yourself and don’t spend too much time worrying about the views on what may or may not be ethical behaviour from a bunch of internet strangers.

    • eckorock on 21/10/2020 - 22:41
      -1

      thank you, agree 100%

    • duluxe2000 on 22/10/2020 - 12:00

      Everyone is looking after him/herself. This is just an example of taking advantage of the situation (due to covid-19, tenants cannot be evicted) or the OP might even take advantage of the possible fact that LL is in a financial distress (or not). It's the same with people working cash in hand and receive JobSeeker/Keeper.

      I don't blame OP. I probably do the same as the situation favour tenants now…

      • bohn on 22/10/2020 - 13:03

        (due to covid-19, tenants cannot be evicted)

        fakenews

  • cheapskateasian on 23/10/2020 - 13:36
    -1

    LOL @ thread! Hope OP becomes homeless after 60 days lol

    • Eeples on 26/10/2020 - 20:19
      +3

      This place is toxic sometimes.

      • ozhunter on 26/10/2020 - 20:31
        +1

        Well, the OP can move out in 45 days, so don't see him being homeless after 60.

Login or Join to leave a comment
Login Join