We have just found out our fixed term tenants have been subletting a room without our knowledge or consent for four

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Customer: We have just found out our fixed term tenants have been subletting a room without our knowledge or consent for four weeks with the new occupant intending to stay longer. We learned of this arrangement from the new subletting occupant not the two tenants. Our signed form 18a General Tenancy Agreement item 15 only allows for two tenants not three. We are not willing to allow the subletting especially since it was done without our consent or knowledge but are willing to rewrite a new GTA form18a, adding a third tenant and adjusting the rent accordingly. Is this legal? Where do we stand?
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: Queensland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, just the above thanks

Answered by John Melis in 1 min 2 years ago

John Melis

10+ years of experience

77438 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

77438 Satisfied customers

10+ years of experience

John Melis

10+ years of experience

77438 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

John Melis, Expert

Hi, I am John Melis, the solicitor. I am in Australia. I want to thank you for taking the time to speak with me today.

Hopefully, together we can find the right path for you. May I suggest the following for your consideration?

As your fixed term tenants are subletting a room without your authority, you may issue a notice of the lease termination.

Where they do not comply with that written notice of termination, you may commence proceedings in the Queensland Civil Administrative Tribunal.

The Queensland Civil Administrative Tribunal “QCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

In most cases, at mediation, the matter will settle.

The document you file in the tribunal is the points of claim.

Draft the complaint chronologically, detailing the issue and what action you have taken to rectify the matter.

The following link will assist you further:

www.qcat.qld.gov.au

There are various help menus on the website that will assist you in finalising the application.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

If there is anything else, big or small, that I can help you with today, please let me know.

I thank you for reaching out today.

Customer

Thank you for your prompt reply. We don’t necessarily want to remove the current tenants. If all parties are agreeable, is it lawful to re draft a new lease agreement adding the third adult and increasing the rent to account for three people? The property is currently rented at $720 per week with the two adults but has been appraised for $850-$950 per week. We would like to renegotiate and raise the rent to $850 if the third adult is added to the new lease agreement.

John Melis, Expert

You can amend the current lease by adding the third person. Alternatively, you can draft a new lease for all parties to enter into.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?

Customer

Can we legally raise the rent?

John Melis, Expert

You can raise the rent on this matter.I know you put so much time and effort into this, and if you follow the steps as suggested above, it will give you a direction to go.If there is anything else, please let me know.

Customer

Thank you

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.

Customer

We informed the above tenants of their illegal subletting breach but have not officially breached them as yet in an attempt to solve the problem amicably. We have offered the tenants to sign a new lease adding the third adult in writing. They have not replied in writing but verbally told us that they will dispute the breach and deny any other occupants reside in the residence except for the two persons who are on the lease. Where do we go from here and how do we prove this illegal subletting is occurring?

John Melis, Expert

The State Tribunal is perfect for mediating disputes.The document you file in the tribunal is the points of claim. You can download this from the tribunal website.Draft the complaint in a chronological order detailing the issue. I suggest that you also say what action you have taken to try and rectify the matter.You can run your case yourself.There are help menus on the tribunal website that you can use to assist you with the application and process.Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.Please let me know if you have any more questions.

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