Tenant Over Holding - Can't afford to keep renting/Can't Sell!!

[DannyBoyD]

Can we only apply one rent increase or the cumulative total from each year since the last ?

Use the RTB calculator & apply that figure.

You don't have to issue a new lease, nor can you deliberately include more onerous conditions.

Quarterly inspections are more than sufficent & I drop down to six months & then yearly as long as there are no issues.

Unfortunately you've made the classic mistake of not keeping your property owner hat on (inspections, rent reviews) while you have been in limbo.

Edit to add: don't accept a single thing from RTB over the phone, ask them to put it in writing.

If they are not prepared to put it on paper, its worthless.

 

[Dr Strangelove]

The RTB’s own website recommends sending notices by certified post.

Indeed the RTB sends its own adjudication decisions by express post with no signature required. So this only confirms that it was delivered to a postbox.

Registered post (with signature) carries risks as intended recipients can tactically refuse to sign to drag out the process.

 

[time to plan]

Indeed the RTB sends its own adjudication decisions by express post with no signature required. So this only confirms that it was delivered to a postbox.

Registered post (with signature) carries risks as intended recipients can tactically refuse to sign to drag out the process.

I've always wondered about registered post. It proves that 'something' was delivered. I could send an empty envelope or an envelope with a blank piece of paper. Maybe we should all film ourselves opening a sealed registered letter.

 

[Dr Strangelove]

Maybe we should all film ourselves opening a sealed registered letter.

For anything official I take photos of letters when signed and when in envelope and then a short video of it being posted.

It’s not the same level of assurance as registered post but for an administrative body like the RTB it should count for something.

 

[Premos]

For anything official I take photos of letters when signed and when in envelope and then a short video of it being posted.

It’s not the same level of assurance as registered post but for an administrative body like the RTB it should count for something.

I took a picture of the last rent review we did when signed and this is even though it was handed in person and we have no issue at all with the current tenants who have clearly signaled they would leave shortly.

 

[Greenbook]

I really don’t see how that could be possible.

If you have a certificate of posting, that should be the end of the matter. The RTB’s own website recommends sending notices by certified post.

I’m also very surprised that an individual in the RTB is prejudging the issue before a hearing. I would be inclined to raise this with a more senior person.

Yes, very odd that a random staff member was telling you the outcome of the case in advance of the hearing. That is for the adjudicator alone to decide after having heard from both sides and weighed up everything. It is like you having a case in the High Court, you're waiting a hearing date and some court official tells you over the phone that you are going to lose.

If it was any other organisation I'd think you had mistook what you were told, but with the RTB that type of behaviour is entirely possible.

 

[Queen St Bribie]

Yes, very odd that a random staff member was telling you the outcome of the case in advance of the hearing. That is for the adjudicator alone to decide after having heard from both sides and weighed up everything. It is like you having a case in the High Court, you're waiting a hearing date and some court official tells you over the phone that you are going to lose.

If it was any other organisation I'd think you had mistook what you were told, but with the RTB that type of behaviour is entirely possible.

I agree, the whole thing feels a constant game of attrition on the LL. This "unofficial" piece of advice makes waiting a further unknown period, very difficult, in the circumstances.

 

[Queen St Bribie]

Use the RTB calculator & apply that figure.

You don't have to issue a new lease, nor can you deliberately include more onerous conditions.

Quarterly inspections are more than sufficent & I drop down to six months & then yearly as long as there are no issues.

Unfortunately you've made the classic mistake of not keeping your property owner hat on (inspections, rent reviews) while you have been in limbo.

Edit to add: don't accept a single thing from RTB over the phone, ask them to put it in writing.

If they are not prepared to put it on paper, its worthless.

this is hilarious from the RTB and blatantly shows which way they lean.. Snipped from the rent calculator.

There is no legal requirement on a landlord to increase the current rent amount. There is no legal obstacle to a landlord reducing the current rent amount.

 

[DannyBoyD]

Seems clear enough to me.

 

[lff12]

Use the RTB calculator & apply that figure.

You don't have to issue a new lease, nor can you deliberately include more onerous conditions.

Quarterly inspections are more than sufficent & I drop down to six months & then yearly as long as there are no issues.

Unfortunately you've made the classic mistake of not keeping your property owner hat on (inspections, rent reviews) while you have been in limbo.

Edit to add: don't accept a single thing from RTB over the phone, ask them to put it in writing.

If they are not prepared to put it on paper, its worthless.

AFAIK if you are thinking a "lease" as a fixed term tenancy, part IV has overriden this for a long time.
The calculator on the RTB website does count in missed years when you could have raised the rent and factors this accordingly. You still have to give notice in writing, and if tenant doesn't pay the rent in full then you can start proceedings again.
As for previous experience, unfortunate to hear RTB didn't treat you fairly. If you are going through the eviction process again perhaps deliver notice in person to ensure it gets to the tenant.

 

[lff12]

this is hilarious from the RTB and blatantly shows which way they lean.. Snipped from the rent calculator.

There is no legal requirement on a landlord to increase the current rent amount. There is no legal obstacle to a landlord reducing the current rent amount.

That's an ass covering statement tbh driven by recent political claims that regulation allowing a certain rent increase is "forcing" landlords to increase their rents. I would disregard.