VIC Statutory Declaration to Evict Boarder?

[Susan89]

Moving into a property I was on the lease with another person. 9 months later, he left and I became sole tenant on the lease. Shortly after I advertised for roommates and 2 people moved in (3 bedroom house). 14 months later, one is fine, the other has caused multiple issues, breaking house rules and lease rules many times despite requests and warnings to stop.

They demanded to be added to the lease but I refused considering their behaviour and that I was not going to subject myself or the landlord to a legally bound contract with that person.

I had asked for a bond payment and to draw up an agreement but the troublesome one refused.

I have spoken to other real estate agents and the police, and they have advised me both my housemates are considered boarders and that I can ask them to leave by a certain date whenever I want and if they do not, I can fill a statutory declaration and have them removed for trespassing.

I gave the person a verbal month's notice as well as typing a letter outlining the reasons and date expected for their removal from the premises.

They've threatened to go to my estate agent and landlord to say I refused their request to add them to the lease, and that I have no right to have them removed.

Have I done the right thing or is the other person correct?

 

[Sophea]

If the other person is a border, they do not have any rights as regards the tenancy as they are not in any contractual relationship with the landlord and do not have a "right" to enter into a contract with them simply because they are living at the premises. Their contract is with you and you can end that contract in accordance with legal requirements.

Check out these sites regarding the difference between boarders and lodgers and tenants:

Boarders and Lodgers
Boarding - Consumer Affairs Victoria

 

[Susan89]

Ok cool, thank you

So just to make sure I have my clarification right. He pays a 'package' payment set by me that covers a portion of rent and bills, I have control over all bills and rent, is in a room with no lock on the door that I can go in to when I choose (no verbal or written agreement that I cannot, was never discussed) has not paid a bond or signed an agreement or made an agreement extending which room he can sleep in and how much to pay and the best method of payment.

All he had to bring was a bed as all other household furniture, electronics (TV, PlayStation, Netflix, stereo, etc) cooking and dining equipment and cleaning products are provided, (food isn't shared as I have special dietary requirements and I think it unfair to expect them to pay extra for my needs) as well as general cleaning and garbage disposal being provided by myself with the expectation that he is to stay tidy, put his dishes in the dishwasher and keep the shared bathroom tidy (shares with other boarder).

This is a boarder/licencee yes?

 

[Sophea]

From what you have stated he would appear to be classified as a boarder. Generally the identifying factor of a lease is exclusive possession of some area. Since he does not appear to have entered into an agreement for exclusive possession of a part of the house and considering the other factors you have mentioned - yes appears to be boarder, not tenant.