VIC Is Landlord Allowed to Add New Clause on Lease?

[tzioup]

Hi everyone,

I have applied for a property via real estate and have just heard back from the agent stating:

'All is looking good for your application and I should have an answer for you in the next 24 hours providing I can reach the owner later this afternoon. There is an additional clause in the lease for this property that the tenant is responsible for water & council rates for the duration of the tenancy.

If you are happy to sign on that basis then after the final OK from the owner we should be right to proceed and get you in there in the next week or two.'

No mention of this was made throughout the application process, or when I met the agent and inspected the property. The property in question used to be of commercial nature (reception hall) but the owner is intending on developing it in about a year and is therefore trying to lease it out under a residential agreement for 12 months. My understanding based on the RTA s58 is that dumping the council rates on the tenants is not permissible by law in Victoria. Furthermore the council rates would more than likely be higher than for a residential property due to the nature of the premises.

I have been advised to sign the lease and take the landlords to VCAT to have the clause invalidated based on the RTA. I'd much rather avoid this.

I would appreciate any insights into this matter.

Is the landlord indeed allowed to plug this clause into a residential lease?

I am starting to wonder if he is even allowed to rent out the property under a residential lease (although I have no intention of pushing for a commercial lease).

I would rather not have to resort to threats or backdoor maneuvers, such as the one mentioned above, is there a law-based line of argument that might set them in their place without compromising my chances to secure the lease?

Again, any and all help appreciated on this matter.

Best,

 

[TenantsRUs]

Your initial intuition is correct. Avoid VCAT like the plague. Unless, it's absolutely necessary.

Some VCAT members tend to favour Landlords. So, depending on which member hears your case, you could be in for a surprise.

I was renting an apartment in Preston for over six months, suddenly my landlord sent an agreement headed "licence agreement" with all sorts of unfamiliar clauses. They asked me to sign and return the document the same day before 5 pm. It was a huge document, so I asked them for more time to go through it. This was refused and they told me I would be evicted the next day if I didn't sign it. I went to VCAT and lodged an application for a restraining order against the landlord. It was granted.

However, when it came to the actual hearing. Landlord (a company), turned-up with a solicitor. Member Jacquellyn Kefford allowed him to represent the landlord. They also bought along a manager of the Apartment block as a witness. Member Kefford and the landlord's solicitor got on like a house on fire, discussing legal points. They got on so well that in the end, the lawyer even asked Member Kefford if she would like him to write the written reasons for her.

Member Kefford questioned the witness. Didn't offer me the opportunity to question the witness. Offered landlord's lawyer more time to answer questions, but cut me off abruptly when I was answering.

She asked to see the agreement I had been sent by the landlord. When I showed it to her, she read the heading "licence agreement" aloud for the tape recording, then handed it back to me, without even reading the details. I kept insisting I didn't sign the agreement. However, this was irrelevant for her. She saw an agreement that was titled "licence agreement" and that was enough. Case finished straight-away. She gave her decision that the tribunal lacked jurisdiction, and the case was thrown out.

Landlord evicted me that night (All my belongings were in cardboard boxes and held in the storage room). I was left wondering around Melbourne looking for a place to stay.

Here is the VCAT Order: https://www.keepandshare.com/doc8/1...m_lg_team=0&km_lg_np=n&pi=2557522&an=knav2013

written reasons: https://www.keepandshare.com/doc8/12600/written-reasons-with-my-commentary-and-notes-pdf-546k?da=y

I've written a blog on my experience to warn others: VCAT On Trial - Here On this Website | VCAT Corruption – See for yourself

If you are ever in VCAT for a residential tenancies matter, always ask for written reasons before the conclusion of the hearing. You cannot ask for reasons afteer the hearing. It's specified in the Residential Tenancies ACT 1997.

I had to ask Member Kefford repeatedly for written reasons, she kept trying to fob me off saying things like "it's not going to change the decision". So you may have to be persistent in asking for reasons.

Take someone with you for support. (some members tend to bully more than others) You can ask for an audio recording, but this is a con. It's heavily edited and can be really bad quality.

Oh! You are not allowed to record your own due to “privacy reasons”.