VIC Landlord wants to increase rent significantly or otherwise evict my friends... is that allowed?

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irenet

Member
6 August 2021
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Hi,

My partner and I are on the lease since February this year (on fixed term 12 months agreement). In mid-May, I have 2 friends (they are a married couple) who got their permanent residency and newly migrated to Melbourne. They have been staying with me while they find their feet and settle down. Their original plan was to get to know Melbourne and the surrounding suburbs, find a job, and hopefully find a place to rent on their own. My real estate agent and landlord are aware and agreeable of them staying in the property. I have not been charging them any rent, and while they have their own room, the room door has no lock, and we share all the common facilities at home.

However, now our landlord wants to increase our rent by extra $100 per week (increase from $455 to $555 per week), or otherwise wants them to move out. With current restrictions in place (3rd lockdown since they arrived), it has made it very difficult for my friends to look for another rental property.

My questions are:
1. Is the rent increase allowed and reasonable? Her reason for increasing the rent is "the general fair wear and tear that the extra 2 people might have on the house being a unit", "If there was anything bad to happen to the premises during the tenancy, he/she feels there will not be enough funds to cover any damage".
2. Can the landlord evicts my friends?

Thanks in advance!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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1. No. With no other place to live your friends cannot be considered to be guests, however a place to let is for a fixed price regardless of the number of people.

2. Yes, and potentially you as well for likely breaching the lease.

The landlord probably would not have rented to 2 couples so it is understandable they are not happy. Maybe see if a compromise is acceptable, say $50/wk.