We at present rent a home in Frankston South,Vic we pay $390 per week and we always pay our rent on time we are amazing tennants and we keep the home as our own. 6 weeks ago we bought a puppy it was a impulsive desision and the land lord was not happy however we have aggreed to keep him outside and he is causing no damage to the
propery at all the estate agent came and did an inspection (with in 3 months of our lease begining) and we were happy for that. as far as we were aware they were now happy with the position. Yesterday we recieved a call for from the estate agent to say that the family are returning from Singapore and they want their house back. We signed a 12 month lease that does not expire till April 2009. I am unsure of our rights we are from the UK and have only lived here since Sept 2007 we had never rented before coming to Australia. Do we need to leave our rental property as there is nothing in the area for rent and the children are just settled at school? We need to find out our rights as tennants and not sure where to start any comments or advice would be greatfully accepted. We dont want to move as the expense is just too much for us to bear.
Thanks in advance
bellsdownunderYou are in there until April 2009 – unless you breach the temrs of your lease agreement.
This is why it can be hard to sell a house with a tennant in it, that has a signed lease, as obviously only another investor is likely to be interested, as the lease has to run it's term.
I'm sure if you post more specific details someone will be able to assist.
Cheers
Hi
What other details do you think I should post
Regards
BellsdownunderBasically, although you said they were 'unhappy' is this the reason they have asked you to leave, because of your puppy, ot have they just said they want to move into the house and want you to leave? Not sure aobut the dog, but if it is the latter, I believe they cannot just break the lease agreement. SOmeone in property managment on the forum may be ble to help you further with this info. Cheers
Thanks for your info
As far as we know they came out to the house and took photos of the place and the puppy and they were happy that the dog was causing no damage and the photos show that the problem we have is that the estate agent have told us that they cant evict us over the dog unless he is damaging the propert or he is causing a menace to the neighbours? He is doing none of that and i dont believe they are coming home it would be a bit silly if they were they have only been away for 6 months and we wre told they were going for 2 years. I think they dont want us to stay with the dog and they now know they cant evict us with out there being a problem with the dog, which there is'nt. It just seems very funny that they are suddenly coming home and we need to leave?? There is nothing in the area that is of the same standard in the same rental bracket so we are up against the wall. What should we do????
Regards
BellsdownunderGive consumer affairs Victoria a ring on Monday. Details here http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting?OpenDocument&1=910-Renting~&2=~&3=~ .
The dog may or may not be the real reason. You will never know.
In Vic, if the landlord have it written on the lease (and even if they don't possibly) that the property is their PPoR , they can return anytime as long as they give the tenant 90 days notice. It's in the Tenancy Act. Ask the PM.
In future, if you want a pet after signing a lease that doesn't allow one, ask for permission in writing from the landlord first. And if they say no; obey their request – it's their property not yours.
Would you like it if a tenant disobeyed your rules in your IP?
Maybe contact the
Tenants Union of Victoria http://www.tuv.org.au/homepage.aspx
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
thanks for all your help
i Spoke with VCAT today and they would have to prove severe hardship to have us move out before the end of our lease aggreement so I think we are still able to stay untill the lease runs out in April 2009.
bellsdownunder.
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