Recently received notice from the rental agency that landlord would like to move into the house early next year, so was asking us to vacate.
We are in the school zone, and starting with a new school early next year. If we move now, it impacts the school zone criteria unless we find another house immediately in the school zone. Is there something that we could negotiate to wait for a few more months?
What options do we have?
It’s unclear from the OP what the status of their current lease is but according to that site you posted the landlord can’t break a fixed agreement without grounds (ie failure to pay rent)
Further the landlord must give 60 days notice if they want to take possession back at THE END of the fixed term if they want to move in to the place afterwards
Complete your school registration. Once the school starts, i dont think you are required to change school.
could be a problem if the landlord wants to make use of the school zone for their kids.
I knew of a situation once where a tenant rented a house in a school zone, and then had to abandon the tenancy and find somewhere else as the landlord had used that address for their kids.
School registration is done. But it seems that we need to provide the proof of address again just before the school starts. That could become a problem as the school starts in Feb
it'll be fine, as long as the landlord doesn't send their kids to the school.
as they will be residing there, they will get the spot.
Show them your most recent power bill and your drivers license that still has your old address. Sorry officer, I haven't had a chance to update it yet, something something COVID
They also want rental agreement or proof you own your house tho as well.
@thatonethere: Who wants proof of you owning your own house for a school registration? Is this a very very in high demand school or something?
@Wonka: Some of the schools are like this particularly if they're seen as "good schools" .They have to strictly enforce zones and not allow people from out of zone because they're at (or past) capacity.
Get your mobile phone bill or some other mail delivered to your old address and pay for it to be redirected to your new one.
Did you ask the folks at the school?
Just show an electricity bill from this year.
School registration is done. But it seems that we need to provide the proof of address again just before the school starts. That could become a problem as the school starts in Feb
What proof of address do they need?
At the moment, school registration is done. But don't know if they ask any other proof when the school starts
@chrismatt: Well if you don't know what they want, you can stop worrying, because all you can do is ask the LL to delay the move or ask for their help with proof at that time.
As above, try to finalise registration asap.
Then I believe for a fee, Australia post can forward your mail to your new residence (6 month from memory). Make use of that in case any mail from school comes through in that time. Update your details with school later on.
What options do we have?
Best option to ensure your child gets into that school is to rent anything you can in the school zone. Even if it's for 6/12mths while you find a better place.
Probably a long shot, but have you tried talking to the agent / landlord about it? They probanly have no idea that this is just really awkward timing for you and just talking them through it may delay their moving in for a few months. It also may not, but it’s worth a shot.
The landlord is moving from overseas. I have told the agent. THe agent said he would talk and get back. Since it is an international moving, unsure if the landlord would be flexible. Would it help to seek help from VCAT?
Would it help to seek help from VCAT?
Give us more info.
VCAT can only help if the agent is trying to issue a notice to vacate that goes against the Residential Tenancies Act. If the notice is issued in accordance with the law, then VCAT won't help you. You can't just say to VCAT that it doesn't suit you to move yet - you need to show that they are in breach of the Act.
If they have given appropriate notice, and it coincides with the end of your fixed term lease (are you even on a fixed term lease or is it now a periodic lease?) then just move and find somewhere else to live. You have no rights to stay any longer under these circumstances. If they are trying to get you to move before the end of your fixed term tenancy then you have grounds to contest.
The landlord has a right (after giving the appropriate notice) to move back into their property. You have no right to delay this because your child needs registering at some school.
Or you could just find another house and another school.
The joys of renting really.
if they particularly need that school, there must be a house available to rent in the school zone. It usually covers numerous suburbs
Have been renting here since ages for this school :-).
Wish you would stop bringing logic to this place
Just have to rent something (anything?) ASAP in the school catchment area. You may find yourself get booted anyway after a year if you are found to be out of area if the queue is big for that school.
Some schools are fairly hard core and will contact real estate agents to confirm you are a tenant. Note you waived your privacy right in your school application.
Once you're in, you won't get booted. Usually siblings can also go to the same school, even if you are now out of catchment.
That's not true. The Balwyn High School handbook and website is clear in that if you or your child no longer lives at the address in the catchment area, you are required to leave the school. Evidence of living at the address is required each year. I haven't checked other in demand and high ranking public schools but I wouldn't be surprised if it's the same.
I hear some schools have that policy. IT is a tricky thing that no one talks about this. Parents who have moved out of the zone won't talk. People who are in the zone believe that we should be in the zone :-)
Yeah not sure how it works in QLD but in Sydney no way. You will get booted.
Here's an outrageous idea
Offer to pay their water bill until school starts. Small outlay (hopefully) but u get to keep a utility bill in your name. Obviously tell them why, and they'll get something out of it for nothing.
A very good idea as well. I could try. Thanks
rent a 1 bedroom cheap apartment in school catchment - live in a cheaper area during.
Get child into school.
Everyone's happy.
Happened all the time in my area, kids would end up commuting 1 hour+ each way.
Since the school is in demand, and many tried the same approach of renting a 1 bed room, school came heavily. They check the address, number of bedrooms now.
But you could raise a kid in a 1 bedroom
School wouldnt really have any recourse to say where you lived
I agree. but looks like school saw many parents misusing it while having 2 or 3 kids. Due to demand with the school, an apartment complex came up. People rushed and bought 1 bedrooms for the school sake.
Our local school catchment in Sydney requires you to be living in that location for at least 12 months.
Talk to them about it, they may not even have kids / the chances they are starting school exact same year as you are so slim, I’m sure there’s a good chance they can help if it means you vacating on time. I’m assuming their notice and your lease allowed them to do this?
You already have a current lease. If it is valid say until the middle of next year, just use a copy of that as an evidence. If it has expired, then don’t claim your bond immediately leaving the property. Use the expired lease contract and a bond under your name on the property to show that you still rent the property. It is quite common that lease agreements aren’t renewed, but the lease continues. Lease on our property has been expired for nearly two years. As we haven’t reviewed the rent, and the tenant hasn’t shown any interest, it still continues.
I wouldn’t count on that working
We were renting and our lease finished but we stayed on at the property on a rolling lease. When I went to change my driver’s licence they wouldnt accept the “expired” lease and electric bill as proof of residence because “maybe we moved but continued to pay the electricity bill”.
Hopefully that was just one off, “computer says no” automaton at the licence office but it’s not guaranteed for OP that the school will accept the month to month lease (especially if it’s a high demand school where people may have tried to game the system previously)
Yes, the need 12 months lease
I’m not sure they can break your valid lease to move back in early
According to
https://www.tenants.org.au/factsheet-10-landlord-ends-agreem…
“The landlord/agent cannot end your agreement without grounds before the last day of the fixed term”
Thank you
We are on month on month now
https://www.ozbargain.com.au/comment/11492231/redir
Given that you are on a periodic lease, and the landlord has given the appropriate notice, it is time for you to leave.
There is no recourse. No VCAT hearing will help.
Just rent something straight away in one of the allowed suburbs.
One of the downsides of being a tenant ;(
Unsure of legality, but modify PDF documents to send?
They seem to be rarely digitally signed.
that's forgery, and it's pretty serious if they throw the book at you.
I would much rather find another school for my kids than have them visiting me in prison.
"What are you in for?"
"I changed my address on a pdf document to get my daughter a better education"
"You better watch your back in here, we don't take kindly to your kind around here"
Seems other people suggesting using a house you don't live in is an acceptable thing to do
such a stupid idea
i dont know how it works at all schools but mine only requested the one set of papers when enrolling and thats it
schools require every year now???
We don't know. We submitted one set of papers and got admission. The school not started yet. I don't know if they need any other proof again.
Not a lot beyond negotiations or stalling through VCAT. But the Melbourne market is one of the best places to find a place atm. Thankfully your notice period now reduces 14 days.
Here's a not-so-clear article on the matter: https://www.consumer.vic.gov.au/housing/renting/moving-out-g…