Hi all,
When my ex partner and I separated, I moved out of the home and she took out an intervention order out on me shortly after (unjustified and unfair, but that's another story).
My problem is this. I want to get my name off the lease, and this doesn't seem to be the major problem. However, I do want my half of the bond which was paid jointly when we moved in together. If I simply take my name off the lease then I assume my name is also removed from the bond. I spoke to the real estate agent who looks after our tenancy on behalf of the landlord and they have advised that unless my ex partner agrees to pay me the bond directly, there is nothing they can do.
Also, the 12 month tenancy is due to expire in about a month from now. I assumed that since my name is still on the lease along with my ex partner, I would be able to 'veto' any extension of the tenancy and force her to sign a new contract without my name on it. However, the real estate agent said that the tenancy can ONLY be ended with the agreement of BOTH parties and I cannot stop it becoming a rolling monthly tenancy. So basically, I am being held hostage to this tenancy unless I forfeit my right to half of the bond?
The real estate agent said that my only recourse would be through VCAT. However, looking at the VCAT website, it says that they will only hear disputes between landlords and tenants, not between tenants. My understanding is that this would be considered to be a dispute between tenants over the split of the bond. Is my understanding also correct therefore that VCAT won't hear this sort of case? They do have an application to reduce the term of a fixed term tenancy where the tenant is excluded from a property by a court order (my situation), but that does not seem to solve the issue, because there is only a month left on the fixed term tenancy anyway, and the real estate agent has already told me it will automatically become a rolling monthly contract after that expires anyway, so how does this help me?
Any advice on how to handle this or any misunderstandings I have about the legalities would be appreciated.
When my ex partner and I separated, I moved out of the home and she took out an intervention order out on me shortly after (unjustified and unfair, but that's another story).
My problem is this. I want to get my name off the lease, and this doesn't seem to be the major problem. However, I do want my half of the bond which was paid jointly when we moved in together. If I simply take my name off the lease then I assume my name is also removed from the bond. I spoke to the real estate agent who looks after our tenancy on behalf of the landlord and they have advised that unless my ex partner agrees to pay me the bond directly, there is nothing they can do.
Also, the 12 month tenancy is due to expire in about a month from now. I assumed that since my name is still on the lease along with my ex partner, I would be able to 'veto' any extension of the tenancy and force her to sign a new contract without my name on it. However, the real estate agent said that the tenancy can ONLY be ended with the agreement of BOTH parties and I cannot stop it becoming a rolling monthly tenancy. So basically, I am being held hostage to this tenancy unless I forfeit my right to half of the bond?
The real estate agent said that my only recourse would be through VCAT. However, looking at the VCAT website, it says that they will only hear disputes between landlords and tenants, not between tenants. My understanding is that this would be considered to be a dispute between tenants over the split of the bond. Is my understanding also correct therefore that VCAT won't hear this sort of case? They do have an application to reduce the term of a fixed term tenancy where the tenant is excluded from a property by a court order (my situation), but that does not seem to solve the issue, because there is only a month left on the fixed term tenancy anyway, and the real estate agent has already told me it will automatically become a rolling monthly contract after that expires anyway, so how does this help me?
Any advice on how to handle this or any misunderstandings I have about the legalities would be appreciated.