‘Nothing I can do’: Tenant refuses to leave or pay rent

A landlord who wants to move back into her own house is living in a hotel as her tenant enjoys months of not paying any rent.

A Melbourne landlord has been forced to live in a hotel and claims she’s $65,000 out of pocket after her tenant stopped paying rent on her house.

Six years ago, Nicole Hicks rented her suburban home to a single mother, and she had paid the rent dutifully until July last year.

But the tenant has lived rent-free ever since, after being emailed a 60-day notice to vacate.

What’s worse, there’s almost nothing she can do as she prepares a tribunal submission.

“I’m close to $65,000 out of pocket,” Ms Hicks told A Current Affair.

Nicole Hicks is living in a hotel because her tenant won't move out. Picture: Nine/A Current Affair

'Squatters' have trashed Nicole Hicks’ home. Picture: Nine/A Current Affair

“People don’t believe that there’s nothing I can do, I can’t believe there’s nothing I can do.

“I had a choice whether I would give her a chance, and the dad was willing to put his name down should she not pay rent.”

In the nine months since, Ms Hicks hasn’t seen a cent, nor can she access her property to check on the house’s condition or remove unwanted squatters who have inhabited the house since.

People other than the tenant frequently come and go from Nicole Hicks' rental property. Picture: Nine/A Current Affair

Ms Hicks’ first Victorian Civil and Administrative Tribunal was recently thrown out on a technicality after her real estate agent sent the notice to vacate via email and not registered post.

“I actually just don’t know what to do, I don’t know what to do,” Hicks said as she starts the process all over again.

Securing another hearing will require Ms Hicks to find another property manager to represent her at VCAT, navigate the process herself, or bear the cost of a lawyer to help.

Nicole Hicks says she doesn’t know what to do about her costly situation. Picture: Nine/A Current Affair

Real Estate, Institute of Victoria CEO Quentin Kilian, said VCAT’s actions regarding Mr Hick’s case lacked common sense.

“One of the things that we have spoken to VCAT about and will continue to speak to them about is not to assume that property managers, whilst professionals in their field, are necessary professionals in a court of law or a tribunal,” Mr Kilian told ACA.

“Flexibility and rigour need to be mixed into the process.”

He said Victorian tenancy laws “certainly don’t favour the rental provider as much as other parties”.