Flat Chat Strata Forum Rental rants Current Page

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  • #10297

    Hi I don’t know what to do as I have never rented private before or used this forum for that matter.

    I fell 2 weeks behind in rent and the landlord wrote me an eviction notice for 14days. I tried to pay it and he wont accept it. He has now gone to his solicitor  and police and told them that Im squatting. There was no lease drawn up and I have been renting this house for the last 16months. All the proof I have is a hand written eviction notice. He never wanted to draw up a  lease. I have been told that police are coming here saturday to remove myself and my children with him as he is saying that I am a squatter. I don’t know what to do please help

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  • #24416
    Jimmy-T
    Keymaster

      OK, your landlord has broken the law on several fronts, not least by trashing the terms of the Residential Tenancies Act which covers anyone who has a written or oral rental agreement.  It also has a number of obligations that the landlord hasn’t fulfilled – see this factsheet No 1 from Fair Trading .

      Even if you have failed to pay the rent on time, the landlord can’t just throw you out.  They can give you a notice to quit and then, if you fail to do so, they must apply to NCAT for an order forcing you to leave by a certain date.  The can’ just turn up and throw you out and they certainly wouldn’t have the police in tow, either.  

      So stay calm and start getting the law on your side.

      Have a look at this factsheet No 10 from Fair Trading.

      As a matter of urgency, call Fair Trading on a number you will find on THIS WEB PAGE.

      For help from the Tenants Union, go to their website.

      And you can call Legal Aid for advice on 1300 888 529 in office hours.

      If you feel threatened, go to your local police station and tell them about the threats.

      Finally, remember that this person can’t throw you out without a proper Tribunal order.  Start ringing the various agencies now and make sure the landlord knows you have reported his illegal behaviour.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
      #24420
      proxaccess
      Flatchatter

        I would suggest you to pay keep paying the rent, transfer or direct deposit.

        You said he refused you to pay but that will mean that you pay him by cash! otherwise there is no way to refuse unless sending back the money to your account every time you pay him.

        You will get trouble if you stop paying so figure out this quickly.

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