VIC Tenants Rights - Kicking Out Housemates Who Aren't on Lease?

[MonicaHand]

Hi there,
What are the laws regarding kicking out people who aren't on the lease agreement?
We all moved into the house in Melbourne 2 months ago. I am the only person who has signed the lease agreement. The real estate agent and landlord both know that there are two others living in the house with me. The real estate agent has sent me a mini lease agreement for them to fill out and give back to her.
The two people have filled out the form and given it to me but I haven't given it to the agent yet so it could be destroyed if needed.
I paid the first 4 months upfront to guarantee I would get the house, and so at the moment they have just been transferring the money to me.
I would like them both to leave, but want to know if I can? Would I need to give them 1 month's notice? What would I need to do to ensure that I am going about it correctly?

Thank you.

 

[Victoria S]

Hi @MonicaHand
You've said "two people have filled out the [mini-lease] form and given it to me":
- what does the form say about notice/termination?
- what is the form exactly (a sub-lease agreement?)?
- is that new agreement between you and your housemates, or your landlord and your housemates?

 

[MonicaHand]

Hi @Victoria S
Thank you for your reply.
The form is a copy of the real estates normal rental application form. The agent asked for the girls to fill it out and sign it just so they know who is living in the house.
The agent however hasn't followed it up so I don't think she is too worried about it at the moment.

 

[AnnaLJ]

Hi MonicaHand

Even if you 'destroy' this mini agreement, it still exists at law by virtue of having been signed by your flatmates.

If I am understanding correctly, the form they filled out only provides their personal details. Is that correct? Or have they signed it in the same way a lease application is signed?

It very much depends on the contents of exactly what they have signed as to their right in this situation and your ability to be able to evict them.

Any further information you could provide would be great.

Thanks

Anna

 

[MonicaHand]

Hi @AnnaLJ
Yes it is just a normal house application form so it just provides their details.
It is the form that requires you to gather 100 points of licence, birth certificate, medicare etc.
Thanks,
Monica

 

[AnnaLJ]

Hi Monica

Well, based on what you've explained here I don't see that there is any valid sub-lease agreement in place between you and your flatmates. At least not one in writing.

This now brings me to verbal agreement. Was there a discussion when they moved in about how long you would agree for them to stay there, what notice they should give to leave etc?

In the absence of this, generally the law will imply that the notice period that applies is the same time period as the frequency within which rent is paid. For example, if they pay rent weekly then you can give 1 week's notice to evict them, if they pay monthly then you must give 4 weeks' notice and so on.

Unless I am missing some finer details here, it would seem that you could now give them notice of your intention to end their sub-tenancy and there's not a whole lot they can do about that.

Best of luck and keep us posted with how you go!

Anna

 

[MonicaHand]

Hey @AnnaLJ

Thank you so much for your replies! I really appreciate them!!

We had discussed a 12 month rent but never said anything about notice time they should give.

I've decided that they are leaving but I just need to wait another month until the time suits me better.

Thank you,

Monica