VIC Procedure for Evicting a Licensee

Discussion in 'Property Law Forum' started by Bogsta, 15 June 2019.

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  1. Bogsta

    Bogsta Active Member

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    I the tenant, moved into this house 4 years ago. The client moved in 2 months ago.

    I believe that I have established this client as a licensee according to this information on the Victoria Law Foundation
    "In considering whether the client may be a licensee it is important to obtain instructions about the following

    1) Does the client pay rent for exclusive possession? (Is there a lock on the door, can the client exclude all others? Is the room self contained in some way? Ie is there a kitchen/bathroom?) ANSWER: NO

    2) Does the client live with the owner of the premises? ANSWER: I AM THE HEAD TENANT AND NORMALLY RESIDE AT THE PREMISES, ONLY I AM ON THE LEASE.

    3) Is it possible to classify the premises as a rooming house? ANSWER: NO

    4) Alternatively, is it possible to classify the client as a subtenant? (Note that section 81 of the Act provides a tenant must not assign or sublet premises without the landlord's written consent. In the absence of consent, the sublease/assignment will be invalid.) ANSWER: This is the sticking point, so would appreciate advice here, I have written permission to sublet, there is no written tenancy agreement with the client, only verbal, and this is the only SMS text message that might establish client as sub-tenant

    "Ok just for clarity, holding deposit received of $195, Then upon moving in $605 to be paid as a remainder of bond and 2 weeks rent in advance of $195p/week, making that $390. Rent to remain 2 weeks in advance. 1 months notice to vacate as required. Bond to be paid back 2 weeks after departure. As long as you are happy with these terms, we're all good. Bills are generally $25 per person per week and we usually get three weeks notice of an impending bill. Please let me know if there's anything else to discuss. Please also indicate moving in date. Thanks."


    Nowhere can I find a procedure for evicting a licensee. I have by text, informed the client that they had 30 days to move out to which they replied that they weren't going to move out. This date has now passed. They have paid rent as well.

    There is no signed tenancy agreement between myself and the client. I am the head tenant and I have a signed contract with my real estate agent, I have written permission from the real estate to sublet. The client has no lock on their bedroom door, and no exclusive rights or access to the premises.
     
    #1 Bogsta, 15 June 2019
    Last edited: 15 June 2019
  2. Alert

    Alert Well-Known Member

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    Number 4) in your post is what I believe is the correct answer. This person could be anyone. The owner needs to know who is living in their place. Even though this person has paid rent, you have the right to know who it is.
    You can write a letter for this person to leave, make sure they receive it.
    If then they have not left, use a form through the tenancy tribunal, make sure they receive that.
    You need to show proof you have tried the above before the tenancy tribunal will become involved.
     
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  3. Bogsta

    Bogsta Active Member

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    Thankyou kindly for your response, the real estate and therefore the owner have given me permission to sublet, they know who the client is. I know who the client is. Perhaps You could expand my understanding of your response. In short I believe the client is a licensee, not a sub tenant
     
  4. Alert

    Alert Well-Known Member

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    So the real estate and owner have given permission? They know the client?
    Just to clarify, you are also a tenant ?
    If the owner and real estate have given permission, I don’t feel you can do anything.
     
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  5. Bogsta

    Bogsta Active Member

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    Thankyou again for your response. As stated in the original post, I am the tenant, I have the wet ink signed tenancy agreement. The client has nothing. The realestate and owner only know that I have a client.
     
  6. Alert

    Alert Well-Known Member

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    Okay you stated below, you have no signed tenancy agreement between yourself and this person. I would go through the tenancy tribunal as the real estate and owner are aware of this and not abiding with your agreement as you signed in the beginning. This could be awkward, they may know the real estate or owner quite well, even though you have an agreement.

    Your quote from post I am referring to:
    There is no signed tenancy agreementbetween myself and the client. I am the head tenant and I have a signed contract with my real estate agent, I have written permission from the real estate to sublet. The client has no lock on their bedroom door, and no exclusive rights or access to the premises.
     
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  7. Bogsta

    Bogsta Active Member

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    Thankyou kindly for all your assistance, I will investigate the tenancy tribunal option. For clarity, the client only knows the realestate through the Notice to Vacate that is in my name only.
     
  8. Alert

    Alert Well-Known Member

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    The real estate should become more involved with this. It is their obligation towards the owner especially and yourself. Ask the real estate to get involved
     
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  9. Alert

    Alert Well-Known Member

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    Me personally would be pi$$ed if I was the owner of the house and the real estate are not following what they sign on behalf of the owner.
     
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  10. Bogsta

    Bogsta Active Member

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    Thanks Alert, I personally don't think that the owner would care at all. They are just interested in getting their rent money, as long as that happens, they wouldn't be concerned.
     
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