All Topics / Help Needed! / Victoria – 6 month eviction moratorium due to Corona

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  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    Hi All,

    I have a rented property and I am looking to move back into it as my Principal Place of Residence.

    If the current tenant does not move out on the end date of the lease following the Corona changes does that mean I am not able to evict the tenant?

    Or does this only apply if they stop paying rent during the lease term? This would seem to be very unfair to me if they could just stay in my property that I am intending to live in after the lease date.

    Has anyone got any further clarity and has this legislation been enacted? That is, is there law that overwrites the Residential Tenancy Act that provides clear guidance on this?

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    Is this the act?

     

    COVID-19 Omnibus (Emergency Measures) Act 2020.

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

     

    Looks like this is the act

     

    COVID-19 Omnibus (Emergency Measures) Act 2020.

    Is this enacted? Does someone have further clarity on my issue above?

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    I would not be asking to serve a notice to vacate because rent has not been paid rather would be serving a notice to vacate due to the lease ending. Am I still able to do this?

     

    “The laws apply for six months from 29 March 2020. If you have served a notice to vacate on or after 29 March 2020 to a tenant who cannot pay their rent because of financial hardship resulting from the coronavirus, it is not effective.”

    I would be serving the notice to vacate not because the tenant hasn’t paid rent but because the lease has expired. Do I still have the right to serve a notice to vacate if the tenant doesnt move out on expiry of the lease? Or can they effectively squat in the property?

    • This reply was modified 3 months, 2 weeks ago by Profile photo of propertyboy propertyboy.
    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi Property Boy,

    I know nothing of Vic’s laws, but we had a similar moratorium mentioned in Qld (being unable to evict a tenant).  When the law actually passed I heard it was NOT stopping landlords from taking back property to reside in, or for other lawful reasons (e.g. selling, tenant damaging property, etc) – but only to prevent a landlord evicting a tenant for non-payment due to their loss of job.

    I’d advise that you check with your solicitor though as hearsay isn’t law.  But I thought my post might give you a bit of heart while you wait to call your adviser.  :)

    Benny

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