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Victorian statute may help landlords with overholding tenants

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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Interesting and well laid out article. I was aware of the common informer system but it never occurred to me that it could be applied here. Good news frankly.


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    #3
    MrMorooka
    Registered Users Posts: 710 ✭✭✭MrMorooka


    the criminal process means a summons can be applied for and issued within days of the overholding commencing

    I must be missing something, because I really don't see how they get around the part of the RTA2004 that mandates that you can't go to a court without going through the PTRB first . I mean, I can see them reference it and then later they make the above statement but I'm not following how they get there.

    My reading of it would be that you can use this system once a Determination Order has been made and the tenant is not complying(that being the offence committed).


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    #4
    Claw Hammer
    Registered Users Posts: 6,241 ✭✭✭Claw Hammer


    MrMorooka wrote: »
    I must be missing something, because I really don't see how they get around the part of the RTA2004 that mandates that you can't go to a court without going through the PTRB first . I mean, I can see them reference it and then later they make the above statement but I'm not following how they get there.

    My reading of it would be that you can use this system once a Determination Order has been made and the tenant is not complying(that being the offence committed).
    Technically the overholding doesn't start until the the time for compliance with the determination order expires. The tenancy continues during the dispute with the PRTB and ultimately they are directed by the PRTB to vacate within a certain period.


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    #5
    MrMorooka
    Registered Users Posts: 710 ✭✭✭MrMorooka


    Claw Hammer wrote: »
    Technically the overholding doesn't start until the the time for compliance with the determination order expires. The tenancy continues during the dispute with the PRTB and ultimately they are directed by the PRTB to vacate within a certain period.

    Ah, I see, it is as I described in my second paragraph then, this statute helps only once the PTRB has issued their order and it needs to be enforced. I misunderstood the OP article/it wasn't very clear.


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