I signed a co-tenancy agreement in July 2020, with one other person with Century 21 Real Estate. In Nov 2020, the other

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Customer: I signed a co-tenancy agreement in July 2020, with one other person with Century 21 Real Estate.
In Nov 2020, the other co-tenant moved her boyfriend into our property. He has since been here permanently, and she has provided him with a key.
Since the boyfriend moved in, within the first month I raised the issue with her, that the boyfriend needs to go onto the lease (which the boyfriend verbally agreed), however they have said that they have gotten approval from the landlord for him to stay on the property (but I have not seen it in writing) and he has still not been put on the lease with our real estate because the real-estate will not approve him because he will not give them proof about where he has been living before now or his financial situation. Which is (from my know age of what my co-tenancy and her boyfriend are telling me) is because of 3 reasons.
1. his parents in qld are both on disability payments, so he cant get Centrelink because of them, yet he is 20 years old.
2. The real-estate has asked him to provide information as to where he has lived for the past 3 years, (which he has been within the ARMY during that time) but he says that because he is no longer in the ARMY, he does not have access or can't get access to documents to prove that he lived with the ARMY during that time.
3. He can not get job seeker because he hurt his back in the ARMY and he is going to try and get a disability payment, while he waits for a ARMY payout. So, because of those reasons they keep putting off putting him on the lease and taking over my part of the lease, so I can move out. Because of these reasons my real estate wont let me out of my lease because my co-tenant can not afforded the rent by herself.I can no lover enjoy the premises. They have taken over the full house. They have full use of 2 bedrooms, except my bedroom, but they are trying to bully me to move out of my bedroom to move into a smaller room, so they can have it. I already have all of my items in my bedroom only. I can't put items in the bathroom or any where else in the house, because they have taken it over. I eat, sleep and watch TV all in my bedroom. They even break my privacy by coming into my bedroom while I am at work without my permission.They even recently gave their key to her sister, so that she could stay within the house while they were away for a week without my permission. I came home from work to find here there one afternoon. They also have consent to have one dog on the lease only but it must be outside full time, which it is not and they have just bought home another dog without permission from me or the real-estate. I also can no longer use the driveway to park my car because his in there and there is no room left, so I am made to park my car out the front of the house on the nature strip.I have raised the issue with the real estate agent, and they are saying I can not get out of the lease unless the boyfriend goes on the lease, however the real estate agent wont put the boyfriend on the lease because of him not willing to provide the needed information. I have also tried to raise the issue with my co-tenant, however she keeps making excuses, and recently the boyfriend verbally abused me.Legally, where do I stand under property law with breaking the lease ? My understanding is, that him being there is a breach of the residential tenancy agreement and it breaks my right for "Quiet Enjoyment" on the tenancy agreement.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: what do you mean about terms of the lease? I have 6 pages of a residential tenancy agreement
JA: What confuses you?
Customer: what terms did you want to know about
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by John Melis in 8 mins 1 year ago
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John Melis
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72962 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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John Melis
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John Melis
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72962 Satisfied customers

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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I know you have a lot of choices, and there are various ways to move forward.

Would you be willing to take this matter VCAT?

Customer
Not really.
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John Melis, Expert

What outcome would you like to achieve?
Customer
I want to get out of my lease. can I break my lease because my co tenant is breaking the tenancy agreement by not letting me have "Quiet enjoyment" of the property, she is subletting to her boyfriend and she has brought in another pet.
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John Melis, Expert

Can you upload the lease so I can see the same please?
Customer
File attached (P5QGV22)
Customer
File attached (G6M3M3V)
Customer
File attached (P65S642)
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John Melis, Expert

I have looked at your pages. Let's talk on the telephone. I've sent you an offer for eight dollars as it will be easier.
Customer
if we do a phone call. would i get a copy of whats said?
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John Melis, Expert

You can print screen the chat.
Customer
but if its a phone call it wont be on chat will it?
Customer
can you just let me know here please
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John Melis, Expert

It's up to you. The phone call would be easier to discuss and makes logical sense. Otherwise, we can chat in this box, but it will take a long time to talk about the tenancy agreement and the history behind it.Your alternative is to commence proceedings in the Victorian Civil Administrative Tribunal we are having difficulty on this matter.What would you like to do?
Customer
cant you just tell me if i can break my lease on those grounds that i have
said above?
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John Melis, Expert

you can break the lease, but you'll need to negotiate the settlement payment associated with the lease contract. If you want to break the lease without any fee payable, you will need to raise a claim in the tribunal to put your case forward to avoid such payment.Does this help with your question today?
Customer
thank you.
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John Melis, Expert

I appreciate your patience. Let me know if you have any other questions. Otherwise, it was my pleasure to help you today, and I thank you for chatting with me.
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