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Reading: Melbourne homeowners have nowhere to live while tenants refuse to move out or pay rent
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Rent Out Property

Melbourne homeowners have nowhere to live while tenants refuse to move out or pay rent

Last updated: 2023/03/27 at 8:57 PM
6 months ago
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Nicole Hicks has nowhere to live because her tenants won’t move out of her property and won’t pay rent.

“I’m close to $65,000 out of pocket,” Hicks told A Current Affair.

“People don’t believe that there’s nothing I can do, I can’t believe there’s nothing I can do.”

Homeowners have nowhere to live while tenants refuse to move out or pay rent
Homeowner has nowhere to live while tenant refuses to move out or pay rent (A Current Affair)

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Hicks took pity on a single mother on government welfare six years ago and leased out her home in suburban Melbourne.

“I had a choice whether I would give her a chance and the father was willing to put his name down, should she not pay rent,” Hicks said.

The tenant paid rent every week until he was emailed a notice to vacate in June last year.

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“She stopped paying rent the minute we notified her of the 60 days,” Hicks said.

It’s been nine months and Hicks hasn’t received a dime, can’t access the property and can’t kick the strangers living in the house out, despite the home being trashed and the tenant being nowhere to be found.

“I don’t know how much more I can take,” she said.

Homeowners have nowhere to live while tenants refuse to move out or pay rent
The tenant paid rent every week until he was emailed a notice to vacate in June last year. (A Current Affair)
Homeowners have nowhere to live while tenants refuse to move out or pay rent
As the home owner goes through the tribunal process, his tenant has pulled a disappearing act and the house has been trashed. (A Current Affair)

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After waiting three months for a hearing at the Victorian Civil and Administrative Tribunal (VCAT) Hicks’ case was finally heard and immediately thrown out because her real estate agent sent the notice to vacate via email and not registered post.

Hicks’ real estate agent then resigned and two agencies have since declined to take on her listing.

“I actually just don’t know what to do, I don’t know what to do,” Hicks said.

Homeowners have nowhere to live while tenants refuse to move out or pay rent
Real Estate Institute of Victoria CEO Quentin Kilian said VCAT needs to take more of a common sense approach to hearings. (A Current Affair)
Homeowners have nowhere to live while tenants refuse to move out or pay rent
Changes to the tenancy laws in Victoria have not only coincided with a mass exodus of property managers in the state but created an imbalance. (A Current Affair)

Real Estate Institute of Victoria CEO Quentin Kilian said VCAT needs to take more of a common sense approach to hearings.

“One of the things that we have spoken to VCAT about and will continue to speak to them about is not to assume that property managers, whilst professionals in their field, are necessarily professionals in a court of law or a tribunal,” Kilian said.

“Flexibility and rigor needs to be mixed into the process.”

Changes to the tenancy laws in Victoria have not only coincided with a mass exodus of property managers in the state but created an imbalance.

“They (tenancy laws) certainly don’t favor rental providers as much as other parties,” Kilian said.

Hicks must now find a property manager to represent her at VCAT, go alone, or hire a lawyer to help, while all the while her tenants pull a disappearing act and her house gets trashed.

TAGGED: how to rent out an apartment, renting out your property, renting out your property privately, tips for renting a house, tips for renting out a house
March 27, 2023
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