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VIC Property Law - Rent in Arrears Due to Non-payment Co-Tenant?

Discussion in 'Property Law Forum' started by Rumdrools, 24 March 2016.

  1. Rumdrools

    Rumdrools Member

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    Just looking for some help on this situation;

    There are four members of our household in a co-tenancy. Since December 2015, "Tenant 1" has failed to pay or paid late the following:

    2x internet bills - both paid late
    2x utility bills - both paid late
    1.5 months rent - remains unpaid.

    In February, we received a notice that our rent was in arrears, and thanks to the assistance of the property manager, discovered that Tenant 1 had failed to pay rent for 2.5 months. Tenant 1 then back paid one month of rent when confronted. Whilst this does make our rent up to date again, he still owes 1.5 months of rent.

    When confronted repeatedly by all three members of the household, he insisted he would make the payments and provide evidence. After one month, he has still failed to backpay this rent, however, he has paid currently owed rent, meaning he remains 1.5 months behind.

    We have now been advised that our rent is in arrears again due to non-payment by Tenant 1. If this is not resolved in the coming days we will be issued with an eviction notice.

    The three other members of the household have paid all rent and bills in a timely manner, however, we now face the very real possibility of eviction and a permanently tarred rental history because of his non-payment.

    The three other members of the household have approached him about the non-payment on almost a daily basis and we have records (chat transcripts) of us requesting he make payments.

    What kind of legal standing do the three other members of the household have in this scenario?

    What is our "best" course of action legally?

    Can we essentially "evict" tenant 1 in any way?

    Can we begin any proceedings to have him evicted by the landlord?

    If we are evicted, are we able to bring any kind of legal action against tenant 1 for his actions?

    Particularly are we able to have our names expunged from any private rental blacklists if we prove we have followed the lease?

    Thanks for any Property Law help you can provide
     
  2. Rod

    Rod Well-Known Member

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    Does the problem tenant have money and a good job?

    Does the tenancy agreement have anything about non-payment of rent by one or more tenants?

    Is there any separate agreement between tenants?

    You may be in a difficult situation.
     
  3. Rumdrools

    Rumdrools Member

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    No, no and no :(
     

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