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VIC Issues with New Housemate - Options under Property Law?

Discussion in 'Property Law Forum' started by Matt_v9, 10 November 2015.

  1. Matt_v9

    Matt_v9 Active Member

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    Hi,

    I've recently advertised for a new housemate for a rental property in which I am an existing tenant.

    I accepted an applicant, however, only days in and it turns out she may have lied about having a job. Beyond this, she's disregarded some basic indications I made in the ad regarding expectations of a housemate, and is unstable in her behaviour. I need to go away soon, and am panicking at the thought of leaving her in control of the property, let alone my pets.

    We've handed in the new lease paperwork, but I'm not sure it's official unless we've paid a fee, etc.

    Obviously it would have been nice to realise these concerns earlier.

    My question is what, if anything, can be done at this stage under Property Law? When is it too late to cancel the arrangement? What other options are there if it turns out this housemate is unambiguously and patently undesirable in the early stages?

    Thanks in advance
     
  2. Sophea

    Sophea Well-Known Member

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    Has she moved in yet? I would say if you have signed a lease with her then its probably too late unless you can establish something along the lines of misleading and deceptive conduct. If you can prove she provided misleading information as to her suitability for the tenancy you may be able to get a court order for damages, an injunction or a declaration that the lease is void, etc.

    I'm not sure what your most practical steps would be from this point though, and I'm not sure how the Residential Tenancies body in VIC would deal with a situation like that. I suppose you would first have the explore the legitimacy of any information she provided about having job etc. And perhaps in future get some sort of evidence of employment.
     

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