Friends Kicked out of Flat - Help!

[EmmPlusPlus]

Hi

My friends have today received notice from their landlord that he intends to kick them out and they must be out one and a half weeks from today.

Is this legal?

I realise this is kind of vague, but I don't really know many details myself! Any general guidance on when landlords can boot tenants would be greatly appreciated.


Thanks

[Green Fish]

That sounds like a "10 day notice". A landlord can only give such notice if the tenant has breached the tenancy agreement.

The standard period of notice is 90 days (or 42 days in some limited situations).

[tricky]

Any general guidance on when landlords can boot tenants would be greatly appreciated.

Generally, whenever the tenants stop paying rent and/or whenever the tenants start smashing up the house.

What have your friends done to provoke the landlord?

[EmmPlusPlus]

I'm not aware of my friends having done anything wrong.

I get the impression from them that it was just business as usual and then this came totally out of the blue.

[Niall]

Emma,

The notice the tenants got from the landlord will have the reason for eviction.

If everything was AOK up to now it is probably not an eviction notice, but a 10 day letter to remedy some break in the tenancy agreement as mentioned already.

If you want to help your friends, ask what the letter says.

All the best,

Niall

[EmmPlusPlus]

There is no letter. They have done nothing wrong.

It appears that the landlord simply wants them out, I'm not sure why, so I was wondering if he has a right to boot them.

[Keys]

Hi

My friends have today received notice from their landlord that he intends to kick them out and they must be out one and a half weeks from today.

Is this legal?

I realise this is kind of vague, but I don't really know many details myself! Any general guidance on when landlords can boot tenants would be greatly appreciated.


Thanks

Are your friends on the Tenancy Agreement (TA)?
Does the landlord (LL) live in the property?
Is this a Service Tenancy (tenant works for LL)

A termination notice needs the reason for termination for everything other than a 90 day one.

Notices given by the LL to the Tenant for termination are for these periods of time.

7 days (destruction of premises)
42 days (property sold with vacant possession or family moving in)
90 days (no reason given)

The last two apply to periodic tenancies, the first one to both.

A Fixed Term Tenancy (FTT) reverts to a periodic tenancy at a mortgagee sale.

"the friend" needs to read the letter correctly.

[Niall]

EmmPlusPlus,

If no letter was received, that does at spice to the story. Doesn't make any sense though. I am not aware of any scenario where a landlord can decide one morning to kick out a tenant. Times have altered from 30 years ago when this could have occurred.

Talk to your friends again. Something must have been received from landlord. Or Google "tenancy services" and give the a call.

All the best,

Niall

[EmmPlusPlus]

Thanks everyone

To reiterate:

As I said, there is no letter. Just a call saying be out in a week and a half.

I'm not sure who exactly is on the TA, but at least one of the flatmates will be.
The LL does not live there.
And it is not a service tenancy.

There has been no destruction of the premises.
The house is possibly sold or on the market.

From Keys information above, if the house is being sold, they must have at least 42 days notice. This is what I read in the Residential Tenancies Act, and is also what happened to me a while ago when my flat was sold when I was living at it.

Cheers

[MoatMaster]

That sounds like a "10 day notice". A landlord can only give such notice if the tenant has breached the tenancy agreement.

The standard period of notice is 90 days (or 42 days in some limited situations).

Assuming you are right in that there is no specific breach involved. then Green Fish is right.

[Keys]

As I said, there is no letter. Just a call saying be out in a week and a half.

Then it didn't happen.

What does your friend wish to achieve?

[EmmPlusPlus]

I don't understand what you mean by "Then it didn't happen". They did receive a phone call.

My friend wishes to know whether the Landlord has any grounds or rights to simply kick them out in this manner, at such short notice.

[Keys]

I don't understand what you mean by "Then it didn't happen". They did receive a phone call.

My friend wishes to know whether the Landlord has any grounds or rights to simply kick them out in this manner, at such short notice.

The phone call is irrelivant. It didn't happen.

The Residential Tenancies Act (RTA) prescribes the way things need to happen.

Your friends rights are (in this instance):

1. To be given the correct notification for termination, in writing, with the following contents.
   1. The premises to which it relates
   2. The effective termination date
   3. The reason for termination (if applicable)
   4. The signature of the person issuing the notificaion.
2. Your friend has the right to stay where they are living until such notice is given and the time has expired. (periodic)
3. Your friend has the right to stay where they are living until the expiory of the FTT.
4. Your friend has the right to apply to the TT to have the tenancy status confirmed.
5. Your friend has the right to allow the LL to offer incentives ($$$) to move out when the LL requests.

The TT may override all of your friends rights. It may also override all of the LL's rights.

That's about it I think.

Oops, obvious question I missed. This is in New Zealand?

[EmmPlusPlus]

Ah, I understand.

Thank you for your help.

[revdev]

As keys has suggested, the phone call from the landlord is groundless and unenforcable.

If your friends feel up to it, they should just ignore the phonecall and stay right where they are.