Unfair Landlord Pressuring to Vacate The House

Hello OzBargainers.

I need your help with my current situation. I have been staying in a shared accommodation (3 working professionals including me) for more than 6 years. I was paying the rent weekly but in cash directly to the landlord. I don't have any lease or tenancy agreement for this place.

In the beginning of August 2018 our water heater broke and our landlord arranged a rental water heater. Three weeks ago, the landlord suddenly came and asked us to vacate the house stating that he is going to renovate the house since the house is very old. We agreed to vacate the house and asked him time until end of September to look for another accommodation for which he agreed.

Since then he is continuously harassing us by calling us, texting us and asking us in person as to when are we moving. We don’t want to stay here but we must find a better place so that we can move. Today one of my housemate vacated. Now my landlord is pushing us to vacate the place earlier than the time we agreed stating that the plumber who rented the water heater is asking for it back. He is also threatening us that he is going to disconnect the electricity supply to the house. All the bills are under the landlords name.

I’m totally stressed out at this stage. I’m continuously looking for other accommodations as well, but I need few more days time. Do you guys have any suggestions for me?

Thanks!

Edit: Thanks everyone for all your suggestions. I spoke to my landlord and he has given me 2 weeks(mid September) to vacate the house. Hence looking for an accommodation using flatmates. Hope to find one soon.

Comments

  • +51

    Ring ATO. Find new accom.

    • +2

      ATO? asside from the possible undeclared income why would the Australian Tax office care?

      • +34

        You already stated why he should care.

        • How will that help OP?

          ATO will probably do nothing anyway.

        • +1

          @seano2101:
          The enemy of my enemy is my friend.

          If there's one thing the ATO loves more than money… You'll never hear the end of this line because there is nothing dearer to the coffers than revenue.

        • @tshow:
          How does that help op

        • @seano2101:
          Would the landlord wish to confront ATO or honour his word?

        • @tshow: But that's why it should be a threat to report to ATO, not straight up reporting to ATO.

          Though that's dangerous - you have to do it carefully otherwise you run the risk of committing extortion. Which is a crime.

        • @HighAndDry:
          It's not a threat. Just need more time finding a place. I'd never threaten anyone. That would be blackmail and that's a crime.

        • @tshow: Hahahah of course not, who'd do such a thing? But yeah - just adding to the whole "report to ATO directly vs intimate that you might report to the ATO" debate. The first doesn't help OP.

        • @tshow:

          How does that help OP out?

    • +3

      Shouldn't he threaten to ring ATO?

      • +11

        Nah, at this stage just do it. Who knows how a crazy landlord will react to a threat

    • +3

      Paying cash doesnt automatically mean landlord is not declaring it (although chances are he isn't)

  • +40

    Even if you don't have a written tenancy agreement, you may still have lodger's or boarder's rights. I would speak with a tenancy service in your state to see what these are.

    And +1 to dobbing him in to the ATO.

    • +1

      Yeah my understanding is that payment of rent means there is a contractual arrangement, even if not in writing, hence his rights as a tenant apply.

      Landlord hasn't been cooking him meals, so it's not board.

      Also, he could just be really recalcitrant and refuse to move until taken to court - this solo landlord isn't going to be able to place him on a black list with any real estate agency (to the best of my knowledge).

      OP, have you been given notice to vacate in writing?

    • +10

      Did you even bother to read the OP?

  • +23

    Why is working professionals share housing for 6 years in a dodgy arrangement. Just move out, you don't need 2 month to look for a place. The landlord has already gave you 1 month…..which is ample time.

    • +9

      The landlord and tenants agreed on the end of September it's Only September 1st. Having said that a written agreement should have been put in place.

      • +11

        They didn't say which end…

        • Lol. The "end" we are in could be construed as "the start".

    • +34

      3 working professionals including me

      This sounds like professional 7/11 workers or similar.

      • +4

        Could just be a single person who likes to spend most of their money on multiple vacations each year. A lot of young people live for experiences rather than to have a bank balance or to own things.

        • 6 years though - if they were 'young professionals' in the beginning they sure aren't anymore.

        • +27

          Hey it's surprise political segue man again. Noone cares

    • +6

      why does it matter?-oh wait… it doesnt. And the degree of presumptioness to assume 1 month is enough is staggering.

      • +2

        And the degree of presumptioness to assume 1 month is enough is staggering.

        Your lack of understanding of tenancy law is staggering.

        One month LMAO.

        If only you knew what the law specified.

        • 2 weeks when out of a contract of specified term? I think that's correct.

          Edit - 90 days if out of contract. Jesus, that's comforting to me in my current situation.

      • It is enough. I know here in QLD, the tenancy law itself specifies a month for ending an agreement without cause, and standard rental agreements are usually 2 weeks notice if not on a fixed lease period (and yes that does confusingly mean if you're given your 2 weeks notice without cause you can legally take one month, I've confirmed it). Two months IS excessive.

        • +4

          The RTA says it's two months without grounds in QLD when property manager/owner gives notice:

          https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Notice-p…

          Same in Victoria too where I've been in the same situation.

        • -2

          Wrong

        • -1

          @dazweeja:

          Actually you'll find that as this situation is a Rooming Agreement, I am correct. It is 30 days without cause, as can be seen on your very own link.

        • +1

          @Adonael:

          Rooming agreements are for boarding houses or hostels where each individual has a separate agreement for their room only, and some agreed access to shared facilities. That's a specific arrangement - if a boarder moved out, it would be the landlord's responsibility to find a new boarder for that room, the other boarders would have no say; boarders would have an agreement for a specific room which would be determined by the landlord, etc, etc. There's no suggestion of any of that here and I'm not sure where you got the idea that this was a boarding house. From the description, this is just shared accommodation.

          The fact that each individual is paying their rent directly to the landlord is irrelevant and not uncommon in general tenancies.

    • +4

      Not sure where the OP is located, but if they're in Melbourne I can tell you that 1 month to find a new rental its not easy at all. 6-8 weeks is more realistic.

    • +3

      The landlord has already gave you 1 month…..which is ample time.

      Unless you've done something wrong and have been evicted, standard notice period for end of tenancy agreement is 60 days.

    • +1

      Why judge someone else's housing choices? I know plenty of people in their thirties with good jobs who live in shared houses. Some do it to save money and some enjoy living with friends.

      • Why judge anyone for anything? Because it amuses us.

  • +16

    Facebook party, your place!

    • +9

      get Corey Worthington to be the promoter!!

  • +3

    airbnb till you find your perfect place, which could be forever

  • +10

    I don't see the issue here, Op was enjoying six year of cheap accommodation, based on paying rent by cash and don't have any lease or tenancy agreement. Now landload want the house back. Op should know the risk from the day one.

    • +16

      There is no risk because tenancy law gives the renter the same rights as a written agreement.

      • Isn't it all depends on which state and what type of lease it is? As far as I know it's only Qld has the same rights.

    • +2

      Good call. OP should just stay and stop paying rent. Squatters rights. Landlord can't complain because he should have known the risk of leasing without a lease agreement.

      • +3

        That's not how squatters rights work. OP had been paying rent for 6 years, which demonstrates he does not claim the land for himself

        Also, landlord has been paying rates and bills for the property, squatters rights aren't going to cut it here

        • I use the term squatters rights as a joke. I didn't even think it was a thing, and even if it is a thing I reject it as a thing.
          I was just highlighting the absurdity of the argument

        • @outlander:
          ah

          it's actually somewhat close to being a squatters rights situation, so i thought you might be serious!

          I think squatters rights are generally a good thing, if you leave land for a long enough amount of time I agree that you should lose your rights to it. However there are examples of shonky dealings, my Pa let his neighbour use his farmland and the bastard stole it. But i daresay 99% of cases are abandoned land.

      • I'm no lawyer but I want to float this idea - if you've been paying cash, presumably there's no paper trail and the owner is dodging tax. Can you claim you've been squatting and keep it under by adverse possession? He'd have to own up to the ATO to fight it.

        • the intention of squatters rights is to prevent land going unmaintained, not to act as a vehicle for land theft. The owner has been demonstrating ownership of the land by paying rates and bills. There's no way squatters rights apply here

          Having said that, there is a chance that the owner doesn't understand adverse possession, and is concerned about the length of time OP has been at the residence - squatters rights start to come into play after 7 years.

          Edit - OP may be able to claim squatters rights, but wouldn't be successful. The landlord would likely have to out himself to the tax dept to exonerate himself.

  • +12

    why is the electricity being disconnected worrying you ? just call up the next day & get it reconnected under your name

    • +3

      To hazard a guess then they'd have to pay for it!

  • +5

    The water heater broke in August, he provided a solution, told you he wants to renovate, gave you time to move, but you haven't because properties haven't suited you for whatever reason. Sorry, but he did the right thing by you, so do the right thing by him, and take whatever comes up instead of being fussy. Or stay with friends. Or rent a caravan. He's only 'harassing' because it appears to him you're putting in little effort to find somewhere. i.e. He's probably seeing the same rentals appear in two or more successive newspapers, meanwhile you're claiming you can't find anything.

    On his side of errors though, if he's going to renovate, he'll have to get a new water heater fitted anyway - so why not just do it now - it's not like the house being empty is going to reduce the installation cost. And he can get into the wrong kind of hot water (legal trouble) if he doesn't provide a source of hot water - even if you were squatting. So again, it's just added pressure to try to get you to leave.

    Same story with the electricity. He can't actually 'disconnect' it. When a tenant leaves they just phone the electricity company with the meter reading. Then the new tenant phones them to 'reconnect' it and give the meter reading again so there's no huge difference. i.e. When you 'disconnect' electricity no one physically comes out and disconnects it. They just pause the billing. At worst he might turn off the switch and lock you out of the meter box. In which case you could just cut the lock off and turn the switch back on.

    It might be worth going to a caravan park if putting him off is going to lose you a good rental reference.

    In NSW I think a real estate agent only has to give 2 weeks notice they want you to vacate. Once the lease expires, I think it's 3 weeks. (It should be similar elsewhere.) It sounds like you've had four weeks. Stop doing whatever else you're doing after work, visit properties, and either lower your expectations or raise the amount you're prepared to pay - and just take something. Or go to a caravan park, a friends place, or find a 'free camping' site and buy a tent/sleep in your car until you do.

    • +6

      Your notice periods are wrong for NSW. If it's under lease and the lease is coming to an end it's 30 days notice. If the lease has ended and you're on a month to month contract then it's 90 days notice. In this case where it's through local arrangement so there are no rules; i've heard of 2 weeks notice in these cases being mutually acceptable.

    • +14

      gave you time to move

      The landlord has mounted a campaign of harrassment before the agreed date to leave.

      I don't know what part of that you think is doing the "right thing by him".

      The reality is that the landlord is carrying out criminal actions by harrassing his tenant before the agreed date.

      The tenant has every right to stay at the property until the agreed date. The agreed date was not even legal (should be 90 days notice AFAIK) but the tenant agreed to it and now the landlord is harrassing the tenant which is a criminal offense.

      • +1

        Lol.. criminal actions, it's more like encouragement. There is no 90 days notice period as there is no formal lease.

      • -1

        90 days, when technically under a periodic tenancy? 3 months?!

        Surely you're having a laugh

        • +6

          60 days in Victoria

          Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained)
          cannot be properly carried out unless the tenant vacates. 60 days

          The required notice periods for different reasons to vacate are all available on this Victorian government website

          It's not hard to find and the OP should have read it before coming here.

        • I wish it were the case; think it used to be 60 days in NSW few years back they bumped it to 90 days. Tenant can then move out whenever they like once given notice.

        • https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

          The minimum period of notice you can give the tenant to vacate is:
          14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
          30 days – if the fixed term of the agreement is due to end
          30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
          90 days – if the fixed term period has expired and no new agreement has been signed.

      • I'm only going by the cold hard facts without any personal bias tacked on. i.e. Many tenants would deem the owner asking a second time as 'harassment'. The owner probably doesn't want to be asking constantly either. But he's seen someone move out and wonders why the rest haven't made the effort to. (They may have made that effort - but how does the owner know that for sure.) If things were done legally from the start, the owner could have given the tenant specific notice, and the tenant wouldn't have any choice (squatting aside) but to go, whether he had time to pick and choose at leisure or not.

        So it depends what the actual 'harassment' is. Not saying the tenant is, but we live in a generation of entitled snowflakes. Asking someone to keep their promise, checking on any progress, isn't harassment. Not in my book anyway. And it wouldn't be in anyone else's either if they were the owner - an owner could just as easily say the tenant lied.

        In other words, looking from the outside, they're actually BOTH wrong as far as I'm concerned. Legally the owner should have done it via paperwork, but he obviously trusted the tenant enough to take him at his word. Since then (mis)communication has obviously deteriorated.

        Really they're both partially in the wrong and you're taking that tack because many people who rent assume the owner is the enemy - and many owners assume tenants are. Yes, the owner should have had a lease and stuck to the legal terms of it - but the tenant also should have kept his verbal promise (or not made one in the first place), unless he continued to be proactive and communicate, explain, and ask for an extension before the owner felt he had to press the issue to get action on what he saw as inaction.

    • "He can't actually 'disconnect' it. When a tenant leaves they just phone the electricity company with the meter reading. Then the new tenant phones them to 'reconnect' it and give the meter reading again so there's no huge difference. i.e. When you 'disconnect' electricity no one physically comes out and disconnects it. They just pause the billing. At worst he might turn off the switch and lock you out of the meter box. In which case you could just cut the lock off and turn the switch back on"

      WRONG!

      Haven't done any renos obviously! He CAN get the power 'disconnected' they pull the Fuse in the Power Pole! They also do this for Accounts that are behind. They can also do it remotely with Premises that have the appropriate equipment.

      • -1

        Excitable fellow, much? That might be different in different states… But I've heard of instances where squatters - people with NO lease and paying NO rent - took the owner to court for cutting power, turning off water, changing locks, etc. and a judge forced those to be reset and leave the squatters be until the case was properly heard.

  • -6

    With no formal lease in place, and paying the rent weekly then you have a week-by-week rental agreement. Meaning with one weeks notice you can be asked to vacate.
    Insofar as the informal agreement to let you stay until the end of September, then remember the old adage - "if it's not written, it's not said"

    • -2

      I ran out of negs, but you're deserving of one

      No one in this thread seems to understand that tenants have rights. One week is not enough notice.

    • Nope the tenant gets 60 days notice (at least in Victoria) when being evicted for "Planned reconstruction, repairs or renovations", from the date they receive written notice (the owner should send it via Registered Post, to prove it arrived on a particular date. Otherwise the tenant can simply deny receiving it).

      https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

      • They don't if there is no formal lease agreement; or in some cases informal agreements have agreed notice periods outside the usual.

        For example, 2 weeks notice by either party.

        • +1

          They do in Victoria:

          Landlords may also end a periodic tenancy either by mutual agreement with the tenant, or by providing written notice. The same reasons and notice periods apply, as if a fixed-term lease were in place.

          Reasons a landlord can ask a tenant to vacate
          Minimum notice required:
          Planned reconstruction, repairs or renovations.

          60 days

          https://www.consumer.vic.gov.au/housing/renting/ending-a-lea…

        • -1

          @field1985: What they are referring to there is when a fixed term lease comes to an end and it switches to a periodic or month to month agreement. The terms set out in the original lease agreement still apply.

          This case is different than the ops.

        • +1

          @CLoSeR:
          You're not correct

  • +5

    Go to talk to the Tenants Union. Victoria site is below. They will give you the facts.

    https://www.tuv.org.au/

  • -7

    You have highly likely zero rights in this situation dude, move out. You dont own the place nor have a lease.

    • +5

      He would have a fair amount of rights I would imagine, basically covered by usual tennants rights. Landlord would need to have proof he has followed the correct procedures requiring them to vacate

      Would be a fair amount of hassle though

  • +4

    He won't have the electricity disconnected because there is a hefty reconnection fee.

  • +2

    He can't kick you out. Even without a tenacity agreement. You have full rights.. you can go to the tribunal if you want.

  • +1

    If you just need a few more days, talk to the landlord, he/she will understand. Since you have been living there for 6 years (rent may not increase) and its an old house, I guess its difficult to find a "better" accomodation. If it is the case. another month wont help much.

    • Unlikely in my experience. I lived in a 9 bedroom place for 9 years and they evicted us with 2 weeks notice. We begged the LL/RE to give us a couple more weeks because two housemates were in the middle of their thesis, but they just ignored all of our letters/emails and calls and we had to leave within the 2 weeks.

  • +3

    What state are you in? You most likely have a tenants advice service you could call. Even if you haven't got a written lease there are still certain legal protections that you have.

    • +2

      Just to emphasise: you DO have a tenancy agreement even if one isn't written (although this depends where you are). You should find out the laws for your state in terms of how much notice you are entitled to - generally, it is legal for a landlord to evict you if they genuinely plan to renovate.

  • -1

    It's not even hard to find a place. You must not have bond money. And your probably being picky. Just move on, times up.

    • +1

      It can be pretty hard in some places. Rental inspections are only 15 minutes long (hard to plan your day to visit all the ones you want), they usually won't accept applications from people who haven't inspected, and you could be competing with 50 other applicants…

  • +5

    Not sure about Victoria but here in QLD I went through it all last year trying to get deadsh!T's out of one of my Parents houses who weren't paying rent. I took them to QCAT & the Courts voted in their favour several times(even though I followed their advice to the letter). These people were nearly 9 months behind by the time we got them out(& by got them out I mean they did a runner as we were waiting for the Court Order to be done)

    My advice would be: Don't drag your feet, Kindly remind the Owner he agreed on EOM & find somewhere ASAP.

  • +2

    You could solve landlords plumbing problem with a pack of matches ;)
    And your accommodation will be sorted for a year or so, once your convicted :)

  • +1

    A working professional should be able to handle situations like this with ease!

  • +1

    Stay in Airbnb or cheap accommodation for a week or two until you can find a place. Move out as soon you can.

  • Tell him fine, we'll vacate soon, let me just contact the ATO though.
    He will probably tell you to stay as long as you want

  • +2

    I would try and stay on good terms with the landlord, you will need a reference for your next place.

  • +5

    https://flatmates.com.au/

    You'll be into your new share house in less than a week.
    Problem solved.

    • +2

      +1 to flatmates found a perfect place for me in 2 days

  • +1

    As this is causing stress to you, I would suggest you find alternative accommodation now.
    Don't get bogged down with the rights and wrongs of the situation.
    Move and move on.

  • +7

    Don't ya love when OP reads comments but not 1 single reply? Fkn lovely

    • +4

      Hopefully OP is busy looking for alternative accommodation.

    • +4

      Maybe the landlord went through with the threat of disconnecting the power?

  • +2

    Go to VCAT (or your local version). The owner sounds like a real piece of work.

    We had a similar situation with an "owner" (he didn't own it, his family's trust did).

    The toilet stopped working, so we informed him. He was obligated to get it fixed in under 48hrs. Despite this, he took his time and we were still without a toilet after more then a week.

    We threatened to use a plumber (as is the tenants right) at the owners expense (upto $1500). He then flipped out and threatened to evict us all. We were all renting our rooms individually and none of us had a lease.

    So we then decided to move out (we got a much cheaper property together) and we all sent our two weeks notice on the same day. Then two weeks later, we all moved out on the same day. He went from $2000 a month to $0. It took him a good 3-4 months before it was occupied again (at a much lower rate, through a real estate agency).

    The owner didn't take lightly to losing his $2k month in rental income. So he refused to return our bonds when we moved out.

    We subsequently all took him to VCAT (separately). He didn't even bother turning up, so we won by default and all got our bonds back in full.

    In the meantime we informed the authorities that he was residing at an industrial address, which is completely illegal. Suffice to say, he doesn't live there anymore.

  • I am on the other side of the coin. My ex agent was dodgy, he got tenant without paperwork. Even when I changed agent, he didn't send any paperwork to my new agent. Now I have to call the police to kick them out.

  • -1

    How about you get your own place and stop complaining

    It cant be that hard to find a place

    If you need a few more days give him a time period for eg;

    I know you want us gone asap but please give me till the 15th and I will be out
    If you give him a solid date it should be fine.

    Meet him in the middle instead of stressing out like a little 15 year old child.

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