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Tenants flatmate remaining past tenancy term

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  • Tenants flatmate remaining past tenancy term

    Hi, I have a situation brewing that the forums collective experience might be helpful with.

    My tenant has given notice to leave and the tenancy that I have with just her ends - all agreeable and she has been a good tenant. She has a flatmate with her who is not part of my tenancy agreement. They have nothing written between themselves either. I need the flatmate gone too at the end of the tenancy for repairs etc. But they are still there and should be gone. Given they have lived there, with my knowledge for a long time, if they dig their heels in what are my options? I'm expecting they will continue to pay - but I don't want them there. How do I get them out when I have no tenancy agreement with them?

  • #2
    You need to make it the problem of the person on the Lease. Apply to Tenancy Tribunal for possession of the property.

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    • #3
      More of a squatter than tenant? http://www.prorentals.co.nz/informat...rs-Rights.html

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      • #4
        As per advice from Nice it needs be made problem of lease holder by applying for possession order thru TT. Quicker route is to serve trespass but the PO safer bet -but more time consuming.

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        • #5
          Have you asked them to leave? You could be panicking over nothing. Getting hard unnecessarily could open a legal can of worms.

          As the guest was there with your knowledge for some time (and therefore your consent) they’re not trespassing.

          If the tenancy has ended, with the tenant stated in the TA given up possession, then you’ve got a squatter. TT can order the guest to leave as a squatter but if they do that you’re unlawfully accepting rent from them as you can’t take rent from squatters.

          You could ask them to sign a new periodic tenancy and then issue a 90 day notice. But that’s harsh.
          Last edited by Learning; 05-03-2018, 02:40 PM.

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          • #6
            You have a written agreement ,the TA . The tenancy agreement states only one name on the contract, that is the only person you are required to deal with, once that person gives you notice to leave the other must leave to.
            Unless perhaps you have a shared living arrangement which by default is not included under the Residential Tenancies Act unless both parties agree in writing to be included.
            The default status of a flatmate in a shared living arrangement with you means they have much less rights than a tenant and you can apply reasonable grounds to get them off the premises. Their only recourse after they vacated, if they felt it was unreasonable would be through disputes tribunal but not tenancy tribunal.
            Last edited by mrsaneperson; 08-03-2018, 10:34 PM.

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            • #7
              Thanks for the pointers folks (particularly interesting around the squatters rights!).
              I've gone down the route of assuming my customers would be reasonable adults and respond to a talking it over and that seems to have resolved it - at least they were moving out stuff yesterday so I think all sorted!

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