The Covid-19 Tenancy Laws Research - Law Assignment Help

Assignment Task

Ali Durrani – Tenancy

Ali Durrani is 24 years old and is a full-time PLT student at Leo Cussen Centre for Law. Ali works from home part-time doing data entry for a transport company.

Ali lives in a rental property which is a one-bedroom studio apartment in Northside and has done so since 21 December last year. The residential tenancy agreement is a fixed period lease and is not due to expire until 22 December this year. The rent is fixed at $250 per week.

Ali’s work significantly decreased during the fallout of COVID-19 and s/he has started falling behind in the rent over the last few weeks.

A couple of days ago, the Landlord came to the rental property and personally handed Ali a Notice to Vacate for non-payment of rent. The Notice demanded $500 being 2 weeks’ worth of rental arrears to be paid within 14 days or Ali was to leave the property.

Ali did not leave, believing that any Notice to Vacate does not mean they have to move out.

At the end of the 14-day period, the landlord attended the property, knocked on Ali’s door and said that Ali needed to pay the rent or leave the property. Ali pretended not to be at home and did not answer the door. The landlord did not seem to have any paperwork with them; however, they left a handwritten note to say they were going to apply for a Possession Order at VCAT if Ali did not leave the property or pay the arrears that week.

Ali is a bit scared the landlord might come back and try to get them to leave the property even though they have had a good relationship up until now.

Please telephone Ali for a 10-minute interview.

Ali would like to know:

1. Is the Notice to Vacate valid?

2. Is the landlord entitled to ask Ali to leave?

3. Can Ali challenge the Notice to Vacate?

4. What does Ali need to know if the matter proceeds to a VCAT hearing?

5. Is there any sort of agreement Ali could negotiate with the landlord or rent relief s/he can apply for? 6. Any other advice that you think might be relevant?

REMEMBER

1. Review your interview materials;
2. Research matters relating to the COVID-19 tenancy laws;
3. Please check your email for the time and phone number for your interview;
4. Please submit your electronic file note of the interview on your letterhead (online via the LMS) no later than 5 pm on the day of the interview; and
5. Please do not discuss this problem with trainees who have yet to complete the CLIP. This will preserve the effectiveness of the program for everyone and prevent academic misconduct.

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