A cancer patient and her elderly husband face the distressing prospect of being evicted from their own Melbourne home after their tenant initiated legal proceedings against them, despite accumulating thousands of dollars in unpaid rent. The couple, aged 67 and 84, reside in Melbourne's inner north and have rented out a granny flat at their property for more than ten years.
Legal Battle Over Unpaid Rent and Intervention Order
Kez and Sammy, the couple's aliases due to an intervention order, originally applied to the Victorian Civil and Administrative Tribunal (VCAT) to evict their tenant after she owed them more than $7,100 in unpaid rent dating back to October 2025. However, the tenant petitioned for an intervention order against the couple, with a court ruling expected next month. This order could potentially force the couple from their home if adopted in full.
VCAT Rulings and Payment Plan
VCAT initially ruled that the tenant could remain until February 3 before an eviction notice could be enforced. An appeal hearing later granted the tenant more than two years to pay the rental arrears, plus an additional two weeks of free rent. VCAT deputy president Kylea Campana's order allows the couple to apply for another eviction order if the tenant fails to adhere to the payment plan. It is believed the tenant has paid rent for the first time since September following the VCAT hearings.
Health and Financial Strain on the Couple
Kez requires ongoing medical care and surgery for aggressive, recurring skin cancers, while her husband suffers from serious heart problems. The couple relies on the $450 weekly rent from the granny flat to make ends meet. Kez expressed that the ordeal has severely impacted their health, finances, and sense of safety, stating, "Each new development feels like another blow, and the cumulative weight of it all is making it harder and harder to hold myself together."
Emotional Toll and Tenant Behavior
Living only metres from the tenant, Kez described no escape from the tension or fear. She reported receiving a stream of demanding, demeaning, and intimidating emails from the tenant, ordering them to fix issues, store items, and unilaterally changing lease terms, with threats of returning to VCAT if not obeyed. Kez added, "The tenant is now enjoying repeated breaches of our agreement and basic tenancy obligations, with no consequences, while we are left to absorb the impact."
Broader Context of Rental Reforms in Victoria
Property Investors Council of Australia chair Ben Kingsley highlighted that Victoria is experiencing a growing number of disputes involving badly behaved tenants using various tactics to remain in rental properties. He noted, "And the government has been supporting them with further rental reforms that make it very difficult for the owners to have control over their property. But the reality is, with all of these reforms, the unintended consequence is that we’re seeing a greater number of disputes."
Financial Support and Ongoing Costs
The couple has launched a GoFundMe campaign to help cover their ongoing legal costs, emphasizing the financial burden of the situation. Despite the tenant owing significant unpaid rent, the couple had been covering her water, electricity, and internet bills, adding to their financial strain.
