VIC Co-tenant - one leaving, one staying

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Mia

Member
10 September 2018
1
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1
Hi,
I’m 33 and a co-tenant with my mum 73. We have lived in the rental property for 5 years. I moved out for 2 years but was never taken off the lease. I have returned a few months ago to help my mum pack and move in with my sister as she wants to retire. My mum and I recently got into a dispute because she wanted me to move to another property with her, but it is 2 hours out of Melbourne and I don’t want to move there. Hence why she will now be moving to my sisters.
My brother and his fiance are also residing at the current property but they are not on the lease. I would like to stay living at the property with my brother and his fiance after my mum moves.
My mum has become quite nasty and has gone to the real estate agency saying we are trying to take over the house. Which is not the case, all we want is to stay living here after she vacates. She brought home 3 forms today for us 3 to fill out but they look like new application forms.
What rights do I have to remain at the property? I will of course pay her out the bond in cash so she can then transfer the current bond to me. Im also happy to pay the 4 weeks rent in advance to her if she wants that too.
If I want to remain at the property do I need to resupply documents to prove I can pay the rent?
Is the landlord/agent able to say no to me staying/ continuing on the lease?
Do my brother and his fiance have to provide financial documents to go on the lease? Or is it simply that my mother needs to give written consent for her name to be taken off the lease and simply replaced with my brothers name?

My brother has recently lost his job so should be employed soon. His fiance is currently studying and working cash in hand. So on paper it sort of looks a mess. I know we will be able to pay the rent, but I’m concerned my mum will convince the rental agency not to let us remain at the property once she moves. Thank you