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We are in a housing co op belonging to C.E.H.L. we have a…

We are in a...

We are in a housing co op belonging to C.E.H.L. we have a tenant who said she was vacating on the 17th jan then she said she wasnt...a neighbour saw the removilist van on the 17th and she was gone taking the keys with her....she went to murray bridge paid a bond and rent for a rental to murray bridge real estate agent was there 3 days left and came back to our house no furniture and decided she would resume living there...we have the email from murray bridge to say she had rented a house from them....she is very aggresive ..abusive..has been to vcat numerous times re rent but has managed to pay before hand is she now trespassing in our house what can we do

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Our house is werribee victoria and i think the other house is s/aust

Lawyer's Assistant: Has anything been filed or reported?

Not yet

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Answered in 5 hours by:
1/22/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,966
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Good Morning

Has the rental agreement with her finished?

Is she up to date with the rent?

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Customer reply replied 7 months ago
she does not have a rental agreement its a low rental housing co op .....rent paid but now she has to pay our rent and rent to the house she paid a bond on until its rented out which took the agent 3 months last time to rent out ..today a neighbour saw her returni
ng her furniture to our house

So on what basis do they pay rent is it a verbal agreement?

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Customer reply replied 7 months ago
the head office for our co op is COMMON EQUITY HOUSING

Good Morning

But they have an agreement with the tenant about renting and the period of the rental.

If the agreement has expired they can give them notice to vacate the premises and if they refuse then take the matter to VCAT and get an eviction order.

If they have a tenancy agreement that has not yet expired they have a right to remain there provided they pay the rent and comply with that agreement.

There has to be some form of agreement setting out the rental term and the rent that has to be paid.

She cannot be there without anything. If she is then she is on a month by month basis and can be given notice to vacate and it has to be 90 days.

Here is a link that will assist you.

https://www.consumer.vic.gov.au/housing/renting/ending-a-lease-or-residency/if-the-landlord-or-owner-wants-the-tenant-to-leave/landlord-giving-notice-to-vacate

If you have any further questions please do not hesitate to ask. If you wish a call we can arrange that as well.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,966
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 7 months ago
thank u for your help....will cancel further comments and give u 5 stars

All the best and good luck

Regards

Leon

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Customer reply replied 7 months ago
SORRY LEON JUST FOUND WHAT U ASKED ME FOR
term ( 5)years
further terms .....five (5)further terms of 5 years each.........does this mean a agreement has to be signed every 5 years

Good Afternoon

If they ask for it to be renewed and they have not defaulted and complied with the lease then they are entitled to a further 5 years. But they have to ask for the extra term and in the time that the lease says they have to ask for it.

If they do not then the lease ends and they become a month by month tenant. Only if they ask to be granted the next 5 years are they entitled to get it.

I hope this makes sense.

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Customer reply replied 7 months ago
thats exactly what i wanted to know thank you..........i dont get charged any more do i next month

All the best and good luck

I cannot see you being a member so there should not be charged monthly

But you can check your account and see f you are a member and if so change it.

I cannot see any of that from my end.

Regards

Leon

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