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In-laws about to be evicted from rental property


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#1 ~*Lou*~

Posted 02 April 2020 - 01:24 PM

Anyone familiar with residential tenancy laws in Victoria?

In-laws cannot pay their rent, due next Monday due to zero income due to COVID19. They have a private landlord who they are been keeping in contact with over the last few weeks as things got grimmer and grimmer, landlord says they themselves are self funded retirees and will evict if in-laws don’t pay their rent on time.

I know the govt has been talking about no evictions for 6 months but it’s not legislated yet. So for now, what can in-laws do? Would it help their case if they just paid something small (which we would have to fund for them, we are already paying their groceries)? How much? Rent is $370 a week, would $100 keep the landlord from evicting in the short term?

Any advice gratefully received.

Lou

#2 GlitteryElfFarts

Posted 02 April 2020 - 01:28 PM

Have a read here https://www.rent.com...tion-moratorium
Hope it helps, and they are okay.

#3 *Spikey*

Posted 02 April 2020 - 01:33 PM

If the moratorium doesn't apply, the landlord can start the process - but that doesn't mean your IL will be chucked out on the street immediately. They can appeal any notice, and that gets them in front of a tribunal, and the tribunal process will take time.

Hopefully they are eligible for some sort of assistance, and will be able to pay rent asap.

#4 BlackBetty

Posted 02 April 2020 - 01:48 PM

I wouldnt think that being late once equates to eviction

I would be getting in contact with appropriate department that covers consumer complaints and real estate as they would be be able to help and possibly communicate with the Landlord on your parents behalf

#5 Noodlez

Posted 02 April 2020 - 02:01 PM

Are your in-laws eligible for money from Centrelink? $370 a week is not a huge amount to pay from Centrelink money if they are eligible.

#6 qak

Posted 02 April 2020 - 02:06 PM

View PostNoodlez, on 02 April 2020 - 02:01 PM, said:

Are your in-laws eligible for money from Centrelink? $370 a week is not a huge amount to pay from Centrelink money if they are eligible.

And if they aren't eligible - they must have money somewhere?

#7 magic_marker

Posted 02 April 2020 - 02:08 PM

Are they self funded retirees?

Because self funded retiree and no income doesn't add up.
How are they funding their retirement?

#8 caitiri

Posted 02 April 2020 - 02:15 PM

View Postmagic_marker, on 02 April 2020 - 02:08 PM, said:

Are they self funded retirees?

Because self funded retiree and no income doesn't add up.
How are they funding their retirement?

I think it’s the landlords who are the retirees

#9 born.a.girl

Posted 02 April 2020 - 02:23 PM

Whether you can keep the wolf from the door paying a bit to the landlord probably depends on how desperate they are.

Why are they not entitled to some benefits if they have no income themselves?

The jobseeker applications are being approved fairly quickly, given the circumstances.

#10 Prancer is coming

Posted 02 April 2020 - 02:24 PM

Get them to ring the tenants union in their state who can provide advice correct for their state and act in their behalf if needed.

also get your in laws to apply for Centrelink if they have not already.

#11 ~*Lou*~

Posted 02 April 2020 - 02:28 PM

It’s all pretty grim and they have been a financial disaster for a long time. Unpaid taxes for a number of years means they cannot get anything from Centrelink, long since used up Super, lived beyond their means forever. Please don’t get me started. I’m an accountant and have watched this disaster unfold for years, and have long since predicted they will have to move in with one of their 3 sons at some point.. DH adores his patents, regardless of how I feel, and he’s loosing sleep.

#12 No Drama Please

Posted 02 April 2020 - 02:34 PM

It’s tough and stressful for you as well, take care of yourself x

#13 born.a.girl

Posted 02 April 2020 - 02:50 PM

View Post~*Lou*~, on 02 April 2020 - 02:28 PM, said:

It’s all pretty grim and they have been a financial disaster for a long time. Unpaid taxes for a number of years means they cannot get anything from Centrelink, long since used up Super, lived beyond their means forever. Please don’t get me started. I’m an accountant and have watched this disaster unfold for years, and have long since predicted they will have to move in with one of their 3 sons at some point.. DH adores his patents, regardless of how I feel, and he’s loosing sleep.

I think you've posted about them before ...?


What a disaster.   I'm sorry.

#14 got my tinsel on

Posted 02 April 2020 - 02:51 PM

Have they applied for public housing?

Is that an option for them?

#15 Anonforthistime

Posted 02 April 2020 - 02:53 PM

I would suggest they put it to the landlords that they can pay a small amount and remind them that the alternative is that they are not at all likely to be able to find a new tenant in the current climate. Something is better than nothing.

(Ps I saw your local FB post. We must live close ;) )

#16 Prancer is coming

Posted 02 April 2020 - 03:00 PM

When you say unpaid taxes, you mean they have a debt with the tax department?  That would not stop them potentially being eligible for Centrelink. Aren’t Centrelink not looking an assets (or will be if/when the legislation passes) and just focusing on current income?  Get them to claim or at least talk to someone about their current situation.

Your state’s tenant union can give you legal advice around if they can be evicted.

#17 born.a.girl

Posted 02 April 2020 - 03:09 PM

View PostPrancer is coming, on 02 April 2020 - 03:00 PM, said:

When you say unpaid taxes, you mean they have a debt with the tax department?  That would not stop them potentially being eligible for Centrelink. Aren’t Centrelink not looking an assets (or will be if/when the legislation passes) and just focusing on current income?  Get them to claim or at least talk to someone about their current situation.

Your state’s tenant union can give you legal advice around if they can be evicted.


For jobstart at least they appear to not be looking at assets now, not waiting for the legislation.  Daughter's partner got knocked back, not because of assets, but because 'he didn't send the paperwork' (not true), but I encouraged him to apply again after they announced no assets test, only income, and it went through straight away.

Worth a try for the OP's inlaws given the sooner they apply the sooner they'll have money if it goes through.  They might even get the $750 if they're quick.

How old are they, OP?

#18 ~Kay~

Posted 02 April 2020 - 03:22 PM

The Landlord might have insurance that they want to claim on, in most cases to make a claim you need to go through the process of evicting the tenant.

#19 Amica

Posted 02 April 2020 - 03:32 PM

Queensland have just announced $2000 rent grants - I think the announcement came after it was clear the federal government weren't going to be doing anything for tenants. Maybe make some calls and see if VIC are doing something similar.

https://www.qld.gov....<br /> <br /> If rents has been in arrears for a while, I doubt the new eviction moratorium will apply.

Have they contacted any charities for assistance? Some charities will put in place an ongoing support arrangement for rent.

#20 ~*Lou*~

Posted 02 April 2020 - 03:59 PM

They are both in their 70’s

Yes I probably have posted about them before

No they haven’t reached out to any charities- just DH (don’t get me started)

I want them  to downsize, sell 2nd car (it’s really old and not worth anything but then they wouldn’t have to pay rego & insurance), get rid of excess furniture, stuff stored (for what?) in garage.

Sorry, starting to rant - thank you for advice and listening to me!!!

#21 elmo_mum

Posted 02 April 2020 - 03:59 PM

if the landlord is struggling with the motrgage, they can approacj the bank for a mortage stop for a few months

(cant believe im saying this...) i like scomo atm - he has announced you can not evict someone to non payment due to lack of income from covoid....

#22 ~*Lou*~

Posted 02 April 2020 - 04:03 PM

And not applied for public housing - I assume they want their children to prop them up, DH has 2 brothers who currently not on speaking terms with their parents because money.

This will sound INCREDIBLY selfish but I don’t want them to move in with us, my children (DS 10 & DD 12) would have to share a room, and actually we only have shower over a bath and with their mobility issues, that would be incredibly dangerous day in day out.

#23 Ivy Ivy

Posted 02 April 2020 - 04:22 PM

View Post~*Lou*~, on 02 April 2020 - 02:28 PM, said:

It’s all pretty grim and they have been a financial disaster for a long time. Unpaid taxes for a number of years means they cannot get anything from Centrelink, long since used up Super, lived beyond their means forever. Please don’t get me started. I’m an accountant and have watched this disaster unfold for years, and have long since predicted they will have to move in with one of their 3 sons at some point.. DH adores his patents, regardless of how I feel, and he’s loosing sleep.

I really wish financial literacy was a subject taught in schools.  It's as important as subjects like history and it gets no curriculum time.   I know teachers are (reasonably) buckling under all the extras being added, but I seriously think it'd be worth scrapping other subject time requirements to introduce this very practical subject.

What happens now is, if your parents are financially sensible, you learn through modelling, but the more vulnerable families have children who never really get the same observing opportunities.  Even my dad, who always had a job, refused to disclose his wage or money ideas to me ever, and it was such a disadvantage in life.

#24 Ivy Ivy

Posted 02 April 2020 - 04:25 PM

View Post~*Lou*~, on 02 April 2020 - 04:03 PM, said:

And not applied for public housing - I assume they want their children to prop them up, DH has 2 brothers who currently not on speaking terms with their parents because money.

This will sound INCREDIBLY selfish but I don’t want them to move in with us, my children (DS 10 & DD 12) would have to share a room, and actually we only have shower over a bath and with their mobility issues, that would be incredibly dangerous day in day out.

Not selfish at all.

In fact I get irritated by people always looking to others to problem solve their own self-induced chaotic life disasters, and I'm sure I'm not alone.

They can apply for help to numerous agencies and housing, unless they have cognitive deficits preventing such.   Are you in a position to suggest that to them or their offspring?

#25 WaitForMe

Posted 02 April 2020 - 04:32 PM

A financial counselling service maybe?




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