VIC Shared house no lease

Discussion in 'Property Law Forum' started by Sherryanne, 9 January 2019.

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  1. Sherryanne

    Sherryanne Active Member

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    I've been living in this property as head tenant for 8 years. The owner of the property knows that there is always 1 other person renting in the house. My sub letting agreements have always been informal and by verbal agreement. I haven't had any problems till now.
    I've asked the current flatmate who has no formal lease of any kind to leave due to our differences. I stated 28 day, which is always what I've adhered to in both giving and receiving notice.
    He has now said that he will not leave and that I have to give him a formal notice to vacate that states 60 days.
    He can leave at any time without giving me any real notice but will give me a weeks notice if he can!
    What is my legal right and how can I prevent him from staying that ling and also giving me enough notice so can pay the rent and find someone else?
     
  2. Rod

    Rod Well-Known Member
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    How often does this person pay rent (weekly, monthly, other)?

    Is he current in rent?

    Is there anything indicating he is more than a month to month tenant?
     
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  3. Sherryanne

    Sherryanne Active Member

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    He pays monthly in advance into my account which I then transfer to the owner.
    He is currently up to date.
    He is also saying that I don’t have due cause to evict him
     
  4. Rod

    Rod Well-Known Member
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    and is there a lock on his bedroom door? Is there any other room he has exclusive use of?
     
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  5. Sherryanne

    Sherryanne Active Member

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    No to both questions.
     
    #5 Sherryanne, 10 January 2019
    Last edited: 10 January 2019
  6. Rod

    Rod Well-Known Member
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    OK.

    It is arguable he may only be a licensee and no notice is needed - beyond the current period.

    At best from his point of view he is likely on a periodic tenancy which can be terminated by giving notice equal to the payment period (in this instance - 1 month).

    He is likely wrong, and then the question becomes one of what you do about it.

    It may be easier and safer to accede to his 60 day demand. BUT get it in writing.

    If he fails to move after the agreed date he is squatting and you have a choice to make at that point in time about how you go about removing him. Maybe suggest he gets a reference if he moves out on the agreed date - otherwise he gets a black mark in one of the tenancy databases.
     
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  7. Sherryanne

    Sherryanne Active Member

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    Thank you for your time and advice. This is actually quite stressful.
    I should say that I have not signed a formal lease with the owner of the property either. I have a verbal agreement with the owner that I am responsible for the property The housemate knows this. I agree that the best and most peaceful course of action looks like it would be to fill out the official notice of eviction for 60 days.
    I"m worried that he will come back and attempt to evict me in some way. Is this possible?
    And, how much notice does he have to give me? He keeps suggesting that I read the legislation that governs this and he will be defaulting to the law to protect himself
     
  8. Rod

    Rod Well-Known Member
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    He's a wanker and likely bluffing you.

    If your relationship with the landlord is good then he can't do much via the landlord, and hopefully his actions would be seen for what they are.
     
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  9. Sherryanne

    Sherryanne Active Member

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    You are right about him being a wanker and possibly bluffing me. He knows that I have chronic fatigue that affects my ability to comprehend even the simplest things at times. I do have an excellent relationship with the owner. I think I'm going to have to let him know about this situation.
    Thank you again
     
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