VIC Renting a room financial issue!

[Valerie]

We rented a room for close to a year to someone with Schizophrenia, which we did not know. Things were reasonable for 11 months, but we ended up having him removed by the police and got a restraining order, due to him threatening to kill us and burn the house down. It was necessary for us to spend a week cleaning the furnished room, clean the carpets and buy new linen, due to the state it was in and we also used the month's bond due to not getting a new boarder for more than four weeks. He is now sending us to Vcat to get what was paid back and I am now wondering if he is entitled to this. Also, he paid monthly and was requested to give a months notice, when he moved in.

 

[Valerie]

I don't think my situation comes under the tenancy law act, yet Vcat has put the application under the section 210 tenancy act.

Advice welcomed, please.

 

[Rod]

I don't think my situation comes under the tenancy law act.

Why not? Sounds like a rental/lease situation to me.

 

[Valerie]

Why not? Sounds like a rental/lease situation to me.

There was no written agreement (no tenacy act) and even if there was a months notice verbally agreed is what's in question, plus it's what's yet to be spoken about at Vcat.

 

[Rod]

An oral lease can be a legally binding lease.

As he stayed in the room for 11 months it is unlikely he'll get all his money back or indeed any. Just because he is claiming money it doesn't mean he is entitled to it.

No matter how hard you try, I suspect you need to fight this under the Residential Tenancies Act.

 

[Valerie]

Thanks for the response Rod. There was no oral lease, just done month to month for both parties. We do not come under the tenancy act, which makes it hard for us and a boarder to understand. Yes, we will say what we think and we will give what we would expect for ourselves, if this situation was reversed.

 

[Rob Legat - SBPL]

I think you'll find Rod is correct. Having a look at the Residential Tenancies Act 1997 (Victoria), it relevantly provides:

Section 7: "This Act applies to a tenancy agreement if the rented premises are used primarily for residential purposes..."

Tenancy agreement is defined in section 3 as "...an agreement, whether or not in writing and whether express or implied, under which a person lets premises as a residence;"

Premises isn't defined, but the ordinary definition of the word is a building and its immediate surrounds. The Act also contains provisions about the use of a room within a house, which matches the situation you've described.

Putting the above together, I would say it's fairly certain that the arrangement you've described falls under the Act.

I suggest having a look at sections 271, 275 and 279 regarding the circumstances of leaving. I think you would be hard pressed to argue he should have given you a month's notice in the circumstances.