VIC Flatmate Not on Lease Attacked Son - What to Do?

[Connie]

Hi,

My son's new flatmate has been living in the apartment around 3 weeks now. He has become violent and attacked my son whilst my son was asleep. Police were called, the flatmate was asked to leave as he is not on the lease.

Flatmate has paid 4weeks rent. He has come back to the apartment being abusive and rude. My son is really scared and the police say there is nothing they can do. So my son has changed the locks tonight and text the flatmate he will refund all rent paid and he can come arrange to collect his belongings.

Flatmate went to the police and they said my son must let this guy in because he has paid rent. My son is so scared. w

What are his options please?

Thank you

 

[Rod]

Keep out the flatmate. Tell your son to apply for an personal safety intervention order at the local court.

 

[Connie]

Keep out the flatmate. Tell your son to apply for an personal safety intervention order at the local court.

Hello,

Well its turned out my son cant kick this guy out or get an AVO this guy took my son to VCAT and they said this guy has paid rent he must stay. VCAT said because my son took a months rent from this guy that makes my son his Landlord so cant kick out the person who tried to kill him.

So my son is moving in with me and emptying the whole apartment until this guys rent runs out on the 21st of this month then this guy has to leave. This guy isn't even on the Lease. So my son has no rights all he can do is move out and leave the place empty and move back in after the 21st. We are appalled this can be the case. Be careful getting a border in your house they can attempt to kill you and you cant do any thing about it!!!!

 

[Rod]

A personal safety order is what is needed to get the person out, not an application through VCAT. VCAT don't deal with personal safety orders so you need to go to court.

PS: Tell your son to call them boarders - not leasees. Boarders are easier to remove.

 

[Connie]

Hi there,

Yes you would think we could that but VCAT said this guy stays, went to the Court they said they cant help. We have been from court to VCAT to legal aid back to VCAT because this guy dragging my son to VCAT, police said they cant help court cant help we don't understand why either cant help. It's all been to draining. So we just moving him out to be safe.