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VIC Property Law - What are Our Tenants Rights?

Discussion in 'Property Law Forum' started by Herm001, 11 November 2015.

  1. Herm001

    Herm001 Member

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    Hi guys, we are staying in a serviced apartment (the only 3 bedroom in the building) on a day rate, however we pay monthly. We have no contract but when we moved in, we told the manager of the building that we would be staying a minimum of 6 months but that it could be longer as we are doing a renovation - although we have a fixed end date for our renovation. We explained that might change and we would do our best to keep them informed. They said they had no problem with that and we could continue to stay on a week to week basis if we found we needed to extend beyond our anticipated end date.

    We are now being told that because they can get another long term client into the 3 bedroom apartment, they would like to move us to either a different building in a different suburb(!) or to a smaller 2 bedroom which would inconvenience us immensely (I also work from the apartment).

    It would be around the time we are finishing our renovation, but might still have around 2-4 weeks remaining) and would most likely result in a packing/moving/unpacking/packing/moving/unpacking nightmare. It would also disrupt our family and business commitments.

    Is there anything we can do about this under Property Law? Are we within our tenants rights to say we had a verbal agreements that we would be allowed to continue renting the apartment for as long as we need and they should stick to that agreement?
     
  2. Tim W

    Tim W Lawyer

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    1. A serviced apartment is more like a hotel room, and less like a residential tenancy.
      Which could mean that you don't have the kind of "tenants' rights" you would have as a more conventional Residential Tenant.
      Start by taking a look at your paperwork (surely, for that kind of period, and that amount of money,
      you have signed SOMEthing?) and see what it says about ending the arrangement.

    2. If they are seeking your consent, then why not just refuse?

    3. In the alternative, why not accept the request to move, on the (written!) condition that they pay all your costs, both from one apartment to the other, and from the second apartment back to your home?
     
  3. Herm001

    Herm001 Member

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    Hi Tim - the second option sounds like what I'm going to say. I've just asked for copies of what's in our file, and there's a Reservation covering sheet and Guest Occupancy Agreement of which neither are signed by me. The Reservation has my card details and contact details (entered by me) but the check in/out dates were entered later by the manager. I did not receive a copy of either until I asked for the details a moment ago.

    The issue here isn't so much the money, but the hassle and disruption of having to move literally weeks before moving back into our home.
     

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