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QLD Marina Tenancy - Rent Paid but Said Not Received?

Discussion in 'Property Law Forum' started by gregcan, 8 September 2014.

  1. gregcan

    gregcan Member

    8 September 2014
    Likes Received:
    I am a long term resident at a Qld Marina. I own my boat and rent the berth through a management group. The Marina manager has until last week never indicated that my rent was in arrears or that there was any other issue. Last Monday he called and said "your rent didn't go in last night, your going to have to find somewhere else to live!" (I have omitted the expletives he used).

    The rent had in fact been paid but had not appeared in the marina trust account overnight. I then recieved a curt email informing me that I must vacate the marina by the 16th of this month. All rent is up to date and I have even take the additional step of paying and extra month to bring the account into advance even though it has always been accepted that the due date is the last day of the month. I do not want to leave the marina as it is my home of 9 years. I thought I had tenants rights.

    Please give me some assistance if there is any avenue that may help.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Gregcon,

    Have a look at your tenancy agreement and see what it says about notice and termination.

    On what terms are you renting there? Is it month-to-month, periodic, specified period?
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  3. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Gregcan,

    It sounds like it may have been an issue with the bank, causing a delay in the transfer of money into the trust account. What method did you use to pay it? As I do not believe tenancies for marina berths fall within the scope of the Qld Residential Tenancy Authority or the relevant legislation instituted to protect residential tenants against unfair actions of landlords, your rights will be determined by what is in your rental contract, as Sarah has indicated above.

    Does anyone else know whether for example relief against forfeiture provisions from Qld property legislation would apply to marina tenancies?
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