An Aussie tenant claims they and their flatmate have been ‘held hostage’ by their landlord after forking out a year’s rent in advance.
The renters from Victoria, who shared their story anonymously on Facebook group Don’t Rent Me are now in a difficult position after the landlord advised they want to sell up.
Before signing the lease, the landlord assured the tenants they had no intentions of selling the property in the next year but subsequently had a change of heart four months in.
The median rent for a house is $580 per week in Melbourne, which is more than $30,000 a year.
‘After paying 12 months’ rent in advance, my landlord notified us of her intention to sell the property,’ the renter fumed.
The renters told the landlord they couldn’t remain as tenants during the sales process and requested a refund of the unused rent before issuing a vacate notice with more than a month’s notice.
‘We both work demanding jobs, we work from home, I have an auto immune disease while treating it with immune suppressant which can cause complications if exposed to germs and so constant inspections would disrupt our lives and health,’ they said.
The renter said the landlord told them she ‘didn’t have the funds’ and would only be reimbursed the remaining rent until after the property was sold.
A Victorian renter who paid 12 months of rent in advance has been advised by their landlord four months into the lease that they now want to sell (stock image)
Landlords can conduct no more than two one hour sales inspections a week while the property is tenanted and must give written notice (stock image)
Inspections were initially paused on the property but when the landlord began ‘pushing’ for them again, the tenants refused.
The ongoing dispute has caused ‘severe emotional and physical distress’ for the tenants.
‘All I want is to move, secure a property, and get on with my life. But instead, I feel held hostage in a home I’ve already overpaid for,’ they added.
‘I’ve done everything right. I paid up front. I gave notice. I was respectful and patient. Why am I being punished for that? This is not just unfair, it’s inhumane.’
Aussies commented on the post urging the tent to seek advice from Consumer Affairs Victoria (CVA) and Tenants Victoria.
Others suggested escalating the dispute to the Victorian Civil and Administrative Tribunal (VCAT).
‘I’d apply for an emergency hearing at your state-based tribunal, asking for your rent to be returned within a fair notice period for both parties (60 days?) and one inspection per month within that time, given your health concerns,’ one wrote.
‘Offering a reasonable option will make it more likely to be found in your favour.’
The landlord told the tenant they wouldn’t be able to pay back the money until she had sold the property (stock image of potential buyers at an open inspection)
A real estate property manager added: ‘The agent should’ve advised against the [tenant] doing this […] Very poor form of the agency. While the agency does work for the owner, they have a duty of care to the tenant and an ethical responsibility.’
Landlords can’t ask for more than one month’s rent in advance in Victoria if the rent is less than $900 per week.
There is no limit on how much rent tenants can voluntarily pay in advance.
Victorian rents can usually end a fixed-term agreement early if the owner is selling up but need to give at least 14 days notice.
Landlords can conduct no more than two one hour sales inspections a week while the property is tenanted and must give written notice.
Tenants cannot refuse entry for sales inspections if the correct process has been followed.
