Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

I need your advice about renting problems

Discussion in 'General Motorcycling Discussion' started by wang chung, May 11, 2005.

  1. Ok, so i just got a phone call from the real estate lady. saying alot of our rent payments havent been received. I have always paid mine via netbank and have transaction details. Now the other 2 guys i live with havent paid their share.
    Apparenty me and my housemates were sent a letter thru registed post (whatever that means) so she was telling me that we have received the letter but someone has thrown it out or something.
    And now they say we will be going to some tribunal, and regardless of the fact that i have paid my share, i will be put down as a "bad renter" and have troubles renting again. And since my parents dont live in melbourne, its gonna be hard to find a place. Also they will take my bond money and charge me fee's for this tribunal thing.. (this is according to real estate lady)

    :evil: my flatmate/s would be over a grand in rent owing.

    Hmm months rent is due on the 16th, wonder if i should pay it =/

    But hopefully i will sought it out tonight when i go home..... doesnt look good though

    Oh we signed a 6 month least, but that ran out last month.

  2. Hmm unless your flatmates have some back rent to give you your up the creek without a paddle, whether you pay your part on time or not the whole rent due has not been paid. So technicaly as the landlord has said your in default.

    Your best bet would be to go to the tribunal state your side ( case ) and let them deal with the other guys, i've had dealings with this tribunal and its very civilised and informal AND most of all fair !!

  3. OK, some things that you should do immediately.

    Call the Tenants Union of Victoria, you need expert advice before going into a hearing and these are the people to give it.

    Paying your share of the rent on the 16th - absolutely. If you can demonstrate that you have fulfilled your share of the obligations you can appeal against any negative declaration made by a tribunal ('bad tenant' if such a label exists)

    If a registered post letter was sent then the recipients signature can be presented as evidence. If they cant produce the signature on the receipt form (and they do get this if procedure is followed properly), contest that the letter was ever sent. A failure in this part of due process can be grounds to dismiss a hearing. If one of your housemates signed but did not present the letter to you, declare this.
  4. sounds like some good housemates u picked up there <:
    good luck with that one
  5. I agree MOST IMPORTANT thing to do:

    main link at consumer affairs victoria http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting?OpenDocument&1=910-Renting~&2=~&3=~

    vcat link

    and tenants union

    also, make sure you document everything as best you can remember. Take all the documentation that you have to the tribunal. DON'T get cranky at the realestate, keep everything on a nice level and try your best to work it out. I would be looking asap to move as you don't want to keep living with these guys, you'll only end up getting fcuked over even more.
  6. Hi Mat

    You mention that you will lose your bond...but that "we" signed the lease. Are all your names on the Lease agreement? The tribunal will look to whomever has signed the original agreement and make them accountable. Regardless of who is actually living on the premises.

    Have a look at this website for info on renting and your rights:



  7. I presume you all signed a single lease (and not each of you sign a lease independently stating the amount you specifically owe). If the latter then you have nothing to worry about.

    Since it is probably the former then do as people above say.

    I have had a friend who ended up in a similar situation (except he moved out early - name was still on the lease - and then his housemates moved out without telling anyone and before the expiry of their lease) - stayed on his record for 3 years or something like that - couldn't get a loan, couldn't sign a lease (without lots of bond), couldn't get a credit card, etc.
  8. may actually be better off in this case as it should all be sorted by vcat. i'd be making sure i had a witnessed document stating who is going to be paying for any fines or outstanding rent. i.e. your flatties are responsible, they pay for everything and sign a document to that effect.
  9. I thought this was a thread asking about renting problems. I was going to say "who would want to rent a problem ? - you have mine for free !"

  10. Thanks guys, ill give you kisses.

    Yep all three of our names are on the 1 lease.
    These guys were random people i moved in with, not friends.
  11. Hope that you have some means of keeping in touch with (tracking down) said housemates. Hate to say it but these guys are the reason that a 'bad tenant' register is necessary in the first place. Chances are they could do it to someone else.

    The gist of my advice before was to see that you could clear your name (fair and reasonable meeting of your obligations within a joint lease shouldnt get you labelled as unreliable). You are still liable for the remainder of the rent. Make sure you get any details necessary to see that the appropriate people get sent the bill.
  12. this happened to my daughter (in a moment of stupidity by her :( )
    your bad record stays for 5 (FIVE) years and no you cannot get it expunged
  13. True! even if you make good with the payments after listing, the listing stays (it carries a note to say paid but no lending institution ever considers that unless you make a really compelling case) Best to get in before being listed.
  14. this depends...
    MOST (but not all) leases are on the basis that any liability under the lease is 'joint and several'
    which means the last man standing ( or still around) takes the can for the LOT :evil:

    the others can disappear (and will get a bad credit record) but if you can still be found, you are responsible for ALL outstanding rent/rates etc
    so if the agent/landlord can't get the money outta the others, they will get it out of you
    contact the Tenants Union for advice...you need it

  15. Mat - My mate is in charge of one of the Ray White's rental departments.

    I'll forward this to him & see what he says.

    Give me a day or two.............
  16. Ok Mat

    Here's what I've got:

    1. Get the guys to pay up quickly (ok that's obvious)

    2. If it goes to VCAT (the tribunal), make sure you go to the hearing. Take all eveidence of payments, reciepts, etc. Advised the judge/person in charge that you have paid your share of the rent. Advised that it's not fair that you'll be given a "bad issue" status.

    If your name is on the lease of course that will deem you part responsible but havin a payment history should really help your case. This will really help your case.
  17. No - if the terms of the lease state that the 3 of them are jointly and severally liable, each of them is potentially liable for the full amount payable. In other words, if the rent isn't paid the landlord can go after one or all of them, until the amount owing has been recovered.

    The 3-way split is a private arrangement; the landlord (and VCAT I suspect) won't give a toss about it.
  18. That's a better way of what I was trying to say Grommit :)

    It will help his case alot if he can show that even though there may be 3 people on the lease, he has at least done his part in making his share oif the payments & VCAT may look favourably on that.
  19. Any or all of the signatories of a lease are responsible for all of the rent. If the other two skip out, whoever is left holding the can is liable for the full amount. The landlord is legally entitled to ask the remaining party to pay up and then helpfully suggest that said paying party is free to recoup their money from the defaulters.

    A documented payment history will help to avoid being registered as a bad tenant as long as the outstanding rent is ponied up. Another tactic the defaulters could use is to claim that the paying tenant had in fact collected the rent from them and not paid the additional shares. Unfortunately, gutter tactics like this do crop up from time to time. The only saving grace is that the burden of proof is on the accuser in the latter case.
  20. I called my housemate just before he gave me the "Dont worry, ill fix it up tommorrow" line.
    So ill call my real estate agent tommorrow and see if he pays up :eek:

    I've been booked in for this tribunal at 26th of may.. Real estate will cancel it if they receive the money before hand.