Rental Subletting and Rental Increase in Victoria

LMohab1220 on 07/01/2021 - 21:10
Last edited 08/01/2021 - 11:50 by 1 other user

Hi, I am new to this forum.

On the date 16/3/2020 they increased rent on me and said applicable from 17/5/2020, I have found something from Victorian tenant laws that they are not allowed to increase and I didn't know about it

Can my rent be increased?
No. The landlord is not allowed to increase the rent at any time from 29 March, 2020 to 28 March, 2021.

If you were given notice of a rent increase before 29 March, 2020, and it came into effect on that day or after, it is not valid. You do not have to pay the increased amount.

If the landlord is trying to make you pay a higher rent, report them to Consumer Affairs Victoria by calling 1300 558 181.

Does that apply to my situation , anyone has gone through something like it before

Another thing, I am currently in Perth and not returning in couple of months and I wanted to get someone to take my place temporarily subletting

The property manager asked me to pay $330 to add that mate to contract, the room itself is $220 a week

She said those fees for application, not sure what I can do to reduce, my mate going to stay for a short period till end of my contract then I am going to change it to monthly base.

Home & Garden

Comments

  • Donaldhump on 07/01/2021 - 21:31
    +1

    1.) call 1300 558 181
    2.) just rent to your mate or pay the fee

    p.s. "not returning in couple of months" when are you returning?

    • Mohab1220 on 07/01/2021 - 22:03

      Thanks Donaldhump

      Will check with consumer affairs

      But I will need to notify landlord to rent it to someone and fees are too much

      I am moving to Perth and returning in May 2021:)

  • Summoner on 07/01/2021 - 22:09
    +1

    1. Check with Consumer Affairs Australia first. If they were indeed not allowed to increase the rent, calculate the amount of overpayment and consider that as a credit. Inform the agent about this, then stop paying the rent until you run out of the credit, then start making the regular payment. This would be easier than fighting with the agent for a refund.

    2. If you are transferring lease to your friend, you might go ahead with what the agent advised. But if you are just letting your friends live in temporarily, you will still be liable for any damage your friend may or may not make. So, if this is ok with you, just let your friend live in, and take responsibility if any.

    In my experience, the lease agreement may limit the no of occupant in the property, but never forced everyone to be listed on the contract.

    • Mohab1220 on 07/01/2021 - 22:18

      Thank you for those awesome ideas cheers

      Good idea to get it as credit after confirmation from consumer affairs

      I am not transferring and I have to get permission from landlord to get my friend renting the room

      She didn't agree about having someone not registered due to some house ensurance that might get voided

      So she directed me that I must register him in the contract

      • Summoner on 07/01/2021 - 22:21
        +2

        One of the town house i lived had the similar rule. But it was approved occupant rather than the name registered on the contract. And there were no charge to get the approval from the landlord. But I am living in QLD… so it might be different over there. Perhaps, seek advice from the Consumer Affairs while asking the question about the lease?

        • Mohab1220 on 07/01/2021 - 22:22

          Will do cheers

  • tsunamisurfer on 08/01/2021 - 11:45
    -2

    That is unfair to the landlord.

    If the tenant agreed to the rent increase BEFORE the provisions then it should still stand.

    • Mohab1220 on 08/01/2021 - 15:12

      It is not fair for tenet to work more for paying that extras , in very risky unstable economic

      Just keep it the same and I am not asking to reduce it

      Government introduced those regulations to stop greedy owners taking a chance of staying in same property because during that was hard to even move , the property is already expensive before covid and now more in covid

      • tsunamisurfer on 08/01/2021 - 15:23

        It is not fair for tenet to work more for paying that extras , in very risky unstable economic

        But you AGREED to it.

        Just keep it the same and I am not asking to reduce it

        Umm…You AGREED to the increase.

        How would you like to agreeing for your employer to pay you $50k a year and they decide to pay you $40k after you start?

        Government introduced those regulations to stop greedy owners taking a chance of staying in same property because during that was hard to even move

        You didn't have a problem with the 'greed' when you signed off on the increase.

        the property is already expensive before covid and now more in covid

        These are standard market movements that all renters and landlords have to deal with, sometimes rents go up sometimes down.

        • Mohab1220 on 08/01/2021 - 23:30

          Yes I had no choice, agree or else I won't be able to find another place with no inspections and lockdown

          The employer scenario is different, there is a line between trading and salary

          So if I sign a term that is harming me and not follow country regulations is the right thing ? If employer underpaid me and I need the money and agreed about it that doesn't make it valid contract and have to follow even if I signed it , we live under civilised country and I have to know my right and others right, else I wouldn't ask

          There is something called Voidable Contract

          About the 330 yea I think it is their right to have their own price of rewriting contract and changing it

          The increase took place when the market went down badly due to covid

  • Mohab1220 on 08/01/2021 - 23:37

    So I just called consumer affairs like everyone suggested here and they mentioned that shouldn't be valid and I have to speak to landlord about it, if they don't agree then I will need to lodge dispute
    So I contracted my property manager and they contacted the owner , they agreed to credit me :)

    Their reply

    #

    We have been contacted by the tenant of your above investment property in regards to a rent increase that was done in May 2020. It seems that the previous managing agent put in a rent increase of $ a fortnight, which legally could not be done due to the Covid-19 Regulations that were put into place. The Covid-19 Regulations stated that there were to be no rent increases on rental properties, until after the Regulations have ended as of March 2021. 

    We have credited the tenants rent $, as they have been paying the increased rent since May 2020, if this matter was to go to VCAT they would rule in the tenant's favour for all overpaid rent to be given back to the tenant or credited towards future rent payments. 

    #

    Thank you all for your awesome help

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