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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44347
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My daughter has a problem with unpaying, unknown resident in

Customer Question

My daughter has a problem with unpaying, unknown resident in her townhouse in Queensland. Here is her situation: " Since October 2011 I’ve worked in a FIFO (fly in fly out) work arrangement from Cairns where I’m required to be away from home for extended
periods of time. At the time of undertaking this new work arrangement I had my brother (Tarn Swift) staying with me as a house guest. Over time my role has required me to be away from Cairns for longer periods of time. As a result I agreed Tarn could continue
to stay at my house on the proviso that (1) Tarn paid a minimum weekly rent fee, (2) I would continue to stay at home during R&R (days off) and, (3) no visitors where allowed to stay without my permission. Tarn has not paid rent for the past 6 weeks and hasn’t
resided at the property for the past 4 weeks. I’ve made several attempts to contact Tarn requesting he move his belongings out. Tarn has been unresponsive so with the assistance of my parents we’ve left several letters on the door and letter box requesting
Tarn remove his belonging by Wednesday 1 July 2015. My parents attended my house on 1 July to find somebody else by the name of Joe at my house. Joe stated that Tarn was residing at another property in Woree, Cairns. I was not aware Joe was residing in my
house and have at no time agreed he could stay there. Joe does not pay rent to either Tarn or myself. I have recently been unwell and in mid-June 2015 1 was required to stay in hospital for 8 days. Due to my health I wish to sell my property before my financial
situation becomes unmanageable. Prior to putting my property up for sale there are some renovations that need to be attended to and for this reason I require Tarn to move his belonging out. Tarn has been aware of my intentions to sell the property for the
past 3 months but continues to ignore my requests to leave and has no concern my current financial situation." What can she do?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Firstly if you have a tenant you cannot stop them having visitors unless you approve of them. They can complain about that if they want. I assume that you do not have a written tenancy agreement. You have to issue him with a notice to vacate and because he has not paid rent he has to be given 14 days notice. If he does not vacate then you have to take the matter to the tribunal and get orders. This is your only option. I hope this makes sense and is of assistance.
Customer: replied 2 years ago.
What tribunal do you mean? How do I take it to the tribunal?
Expert:  Leon replied 2 years ago.
Good Afternoon, If you are in QLD then you have to go to QCAT. In NSW NCATVictoria VCATThere are also tribunals in all the other sates that deal with tenancy matters and evictions and unpaid rent.