'It is not my fault': Single Indian mother rendered jobless fights it out after receiving eviction notice

A single mother in Melbourne has taken up a fight against her real estate agent after she was issued an eviction notice despite the Victorian government’s ban on evictions.

Eviction Notice

Letter authorising eviction proceedings delivered under the main door. Source: Getty Images/Peter Dazeley

Highlights
  • Victoria extends moratorium on evictions till March 2021
  • Rent relief grant increased as much as $3000
  • Free legal advice available at 1800 068 860 by Tenants Victoria
Melbourne-based Anita* lost her job after her workplace was forced to shut down due to COVID-19 lockdown.

“I had recently joined [the workplace] so I was not eligible for JobKeeper,” she told SBS Hindi.

With nil income and someone who is not eligible for Centrelink support, she found herself helpless and sought out the community’s help and support.

“For the last few months, the community and friends are helping me with food and other bills,” she says.

She was barely managing to make ends meet when the trouble started with her real-estate agent.
“When I lost my job, I alerted my real estate agent and we agreed to reduce my rent by 50 per cent and pay the balance after six months. But after 4 months, I received an eviction notice,” she says.

Anita claims her real estate agent demanded she paid her remaining balance if she didn’t want to be evicted.

“I was very stressed. I had no job, no place to turn to and I have lived in this house for 8 years. I didn’t know where to go. Then one of my friends put me in touch with a lawyer who said the eviction was illegal,” she says.

Last two months have been extremely distressing for Anita who has taken up the matter with Consumer Affairs Victoria, the Victorian Civil and Administrative Tribunal (VCAT) and the Australian Securities and Investments Commission (ASIC).

“The matter is still ongoing and therefore, I would not like to reveal my identity but I want to tell others to not cow down. I was being forced to withdraw my superannuation to pay rent but a real estate agent cannot push you to do that.

“Do not be pressurised to withdraw your super. According to the Australian Securities and Investments Commission, real estate agents cant push you to withdraw tour super to make payments. It constitutes as unlicensed financial advice where the penalty for an individual can be a maximum of 5 years imprisonment, and/or a fine of up to $126,000, and for corporations a fine of up to $1,260 million.

"I did not know this. I was advised by my lawyer. I also did not know all the rights I have as a renter. Even the VCAT told off my real estate agent,” Anita says.

Anita is among thousands of renters who have been adversely affected by COVID-19 pandemic.

Latest figures reveal, roughly 32,000 agreements for reduced rent are now registered with Consumer Affairs Victoria (CAV) and the dispute resolution service run by CAV has provided advice and dispute resolution services more than 93,000 times since it launched in April.

Ban on evictions and rental increases extended till March 2021

The Victorian Government has extended its moratorium on evictions, rent relief for eligible tenants, suspension of rental increases, and a dispute resolution process till March 2021.
The moratorium has been in place since March 29, 2020, and last week, was extended till March 28, 2021, which means under this legislation, evictions and rental increases are banned for residential tenancies.
Renters facing hardship – defined as paying 30 per cent or more of their income in rental payments – can also avail the rent relief grant as much as $3000, up from the $2000 that was set previously.

Eligibility for the grant too has been expanded, with the assets threshold increasing from $5,000 to $10,000.

Premier Daniel Andrews said, “We know there are plenty of Victorians doing it tough right now – the last thing they need to worry about is whether they can keep a roof over their head.”

“With an extended timeline and expanded eligibility for rental help, it means a little less stress and a little more certainty for tenants.”

Where to seek help?

Tenants Victoria: Get information and basic advice by phone by calling tenants advice line: 1800 068 860

All calls are answered by lawyers with specialist knowledge in Victorian laws for rented homes from Monday to Friday from 10.00 am to 2.00 pm.

Consumer Affairs Victoria: Information and advice to tenants, co-tenants and landlords. Phone 1300 55 81 81 (Monday to Friday 9 am to 5 pm). More information available here.

Beyond Blue and Financial Counselling Australia have launched a public awareness campaign to encourage people in financial stress to seek support. Learn more at www.beyondblue.org.au/financialwellbeing
People in Australia must stay at least 1.5 metres away from others.

Check your state’s restrictions on gathering limits.

If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.

News and information is available in 63 languages at sbs.com.au/coronavirus

Tune into SBS Hindi at 5 pm every day and follow us on Facebook and Twitter


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By Mosiqi Acharya

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'It is not my fault': Single Indian mother rendered jobless fights it out after receiving eviction notice | SBS Hindi