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  • Boarder issues

    Hi all,
    I have quite an unusual situation. I am currently living in a home I own, with some boarders. One of the boarders has been causing issues and we've given him notice to move out (3 weeks).

    Long story short he became more and more irrational over time and we found out he has a history with mental illnesses. A few days later he gets taken away into a mental hospital due to unrelated matters (with a couple of days to go before the notice is due). Looks like he won't be coming out for a few weeks.

    My question is, what do we do with all his stuff? We've got new flatmates that are needing to move in - but what am I legally entitled to?

    I should point out point out that he is not on any tenancy agreements - in fact he has not signed a boarders agreement either.

  • #2
    First off, unless you are providing them with food, don't call them boarders as it muddies the situation. Boarders and flat mates are quite different.
    secondly, fflatmates are not covered by the RTA, so there are no guidelines there to follow. However, keep in mind that if his belongings have been lost/damaged while he's gone, he may take you to the Disputes Tribunal. I would suggest boxing his stuff up and storing it in the garage.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

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    • #3
      if the tenancy agreement you have relates to the room then it is a boarding room and therefore a boarding agreement applies. It is not a boardinghouse unless there is more than 6 tenants when it becomes a boardingouse. This has serious issues for fire separation so be careful of the arrangements when 6 tenants (building act says up to 5 people (not including family))

      boarding room agreement might be better for the LL as long as you dont cross the line? you can provide for rules and cover issues like above? LL as in this case can seek help in TS and TT?

      Comment


      • #4
        Originally posted by Jonohello View Post
        Hi all,
        I have quite an unusual situation. I am currently living in a home I own, with some boarders. One of the boarders has been causing issues and we've given him notice to move out (3 weeks).

        Long story short he became more and more irrational over time and we found out he has a history with mental illnesses. A few days later he gets taken away into a mental hospital due to unrelated matters (with a couple of days to go before the notice is due). Looks like he won't be coming out for a few weeks.

        My question is, what do we do with all his stuff? We've got new flatmates that are needing to move in - but what am I legally entitled to?

        I should point out point out that he is not on any tenancy agreements - in fact he has not signed a boarders agreement either.
        Box the stuff up and store it - you can't just get rid of it.

        Comment


        • #5
          Originally posted by John the builder View Post
          It is not a boardinghouse unless there is more than 6 tenants when it becomes a boardingouse. This has serious issues for fire separation so be careful of the arrangements when 6 tenants (building act says up to 5 people (not including family))
          So the RTA says six tenants and the Building Act says five people? I wonder which would take precedence when you had five rooms/five tenants but seven people because two of them had their partner (not on the agreement) living there?
          My blog. From personal experience.
          http://statehousinginnz.wordpress.com/

          Comment


          • #6
            It is silly but you have to align the different Acts and satisfy them all (RTA RMA and BA) one informs the other and they need to be consistent?

            if there is doubt revert to flatmates or a shared tenancy agreement but whatever define the arrangement in the agreement. The main issue is avoid the boardinghouse label under the building act ( this can be family plus family/owner/main tenant plus 5.

            If it is deemed a boardinghouse under BA(6 tenants or with fam plus 5) then fire separation etc apply

            Comment


            • #7
              Can you store his stuff in your garage for the time being?

              Your responsible for their gear until they collect it or you get an order as well as any storage costs unfortunately.

              I'm thinking this would be best dealt with by the disputes tribunal...
              Fraser Wilkinson
              www.managemyrental.co.nz
              Wellington / Lower Hutt / Upper Hutt / Porirua

              Comment


              • #8
                Go visit him and ask him what he wants done with his stuff.

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