A landlord being treated for cancer was left more than $6,500 out of pocket after heartless tenants stopped paying rent.
The owner, a father in his 50s, was receiving treatment for brain cancer when he decided to sell an investment property he owned in Clyde, southeast of Melbourne, in June 2023.
The four-bedroom house had been rented to a family since 2020 and tenants were charged rent of $430 a week, which they often did not pay on time.
The owner put the property up for sale in an attempt to support his family due to the enormous costs of his treatment.
The tenants were given 60 days to find a new place to live after they were served with a notice to vacate the home.
But they refused to leave and stopped paying rent in September last year, sparking a lengthy battle in the Victorian Civil and Administrative Appeals Tribunal (VCAT).
A Melbourne landlord is left more than $6,500 out of pocket after tenants living in an investment property he owns stopped paying rent (file image pictured).
VCAT ruled that the tenants did not need to move even though they had stopped paying rent and the property had been put up for sale.
The tenants argued that it was “their house” and that their children attended a nearby school, so it would be an inconvenience for them.
Therefore, the landlord was not allowed to repossess the property and was forced to sell it with the lease in place and the tenants still living in the home.
The property was eventually sold, forcing the tenants to move out before reaching an agreement with the new owners, but they still have not paid the considerable $6,500 in rent arrears.
Ray White’s property manager, Hannah Taylor, said her client went through a grueling regulatory process to resolve his matter.
“We had numerous VCAT hearings trying to recover arrears but unfortunately the member continued to side with the tenants,” Ms Taylor said. yahoo news.
‘The owner was undergoing treatment. We even had to present medical documents in court to prove it, while the tenant did not present a single document and was released.’
The owner ended up embroiled in an eight-month battle with the court before a possession order was finally granted.
By the time police executed the warrant on the property, the tenants had already vacated the home and the rent was settled the next day.
Ms Taylor said she was forced to take time off after the estate was settled.
Ray White’s property manager Hannah Taylor (pictured) said her client went through a grueling regulatory process to resolve his matter.
‘Even as a property manager, taking on that stress for them was huge. “I had to take mental health days to cope with all of this because we weren’t getting the result we needed,” he said.
The unaccounted expenses forced the homeowner to finance the mortgage payments himself.
His insurance was unable to cover the cost of reimbursements due to a loophole.
She also had to pay the cost of having her matter heard by the court, including nearly $400 in application fees and $500 for court hearings.
Ms Taylor urged that financial assistance be provided to landlords and property owners who are struggling to make their payments.
He said landlords do not have the same access to funds to cover their financial obligations as tenants.
Ms Taylor also said courts should consider a landlord’s status in a rental agreement and said they should have the right to evict a tenant who doesn’t pay rent.
Rental providers in Victoria can give tenants 14 days’ notice to vacate the property if rent is two weeks in arrears.
Daily Mail Australia has contacted VCAT for comment.
