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I have a shared flatmate who is not paying rent for 3 weeks,

I have a shared...

I have a shared flatmate who is not paying rent for 3 weeks, and when I send him the notice to vacate in person, he tore the notice. What should I do?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: What steps have you taken so far?

Just notice and basic explanation that he is not paying rent (which he said he will move out and intend to use bond as rent for now). He also broke the house rule stated on the flatmate agreement.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

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Answered in 5 minutes by:
3/18/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,290
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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What you need to do is to write a formal complaint to that person. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to him directly.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal NCAT against that party

Would you like to try this option first.

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Customer reply replied 4 months ago
I don't think this will work, he's being extremely unfriendly.
The notice to vacate didn't last a second on his hand.
Customer reply replied 4 months ago
I'm just trying to kick him out right now.

is that person named on the lease ?

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the other serious option you have, is of there is fear for your safety, you can file a claim at the police station and they will consider putting a violence order against that person and then they will have to move out immediately.

the only other option is filing a claim at NCAT.

have I been able to answer your question today ?

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Customer reply replied 4 months ago
I think I will try the NCAT option, should I do it right now? Or wait for the 14 day notice period to end?

you can file the application to day at NCAT on line and this way you can be first on the list for Monday allocations for a hearing date.

the list at NCAT is the residential te***** *****st.

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If you have any more questions please let me know.
You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,290
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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