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**One** · 10-12-2011, 12:29 AM

Originally posted by Kaos View Post

Hi a property I manage had a guy move in as a flatmate, his name isn't on the tenancy agreement

Whose decision was it to have him move in?

Basically, I'm wondering why this is your problem, instead of a problem for the person whose name is on the tenancy agreement?

**Kaos** · 10-12-2011, 12:47 AM

It is a family owned property, my brother's name is on the tenancy agreement, and Im his caregiver / sister, but I don't live there.

**essence** · 10-12-2011, 10:33 AM

Because there is no bond, ...

The Landlord can't take more than four weeks rent as Bond.

...or agreement in writing...

Just because you haven't signed a Tenancy Agreement doesn't mean one doesn't exist. See here.

what can I do legally, clamp the car?

NO. You cannot seize ANY of the tenants chattels/goods.

Immediately serve him with a 14 day Notice to Remedy (Rent) Use this form. At the same time, apply to Tenancy Tribunal ($20.44) asking for a termination of his tenancy under Section 56 of the RTA. Get your brother to make the application as he owns the property, with you acting as property manager.

Rent was minimal as everything was based on good faith, at $120 pw for rent

Is your brother doing this to get extra income?? If so, EVERYTHING SHOULD BE IN WRITING. None of this "good faith" rubbish.

If he can afford smokes and booze (he's 25) he can afford to pay rent, keeping in mind he has a kid down the road and Im assuming he has to pay child support too....

That's emotive talk. What he does with his money after he pays rent, is none of your concern. Your BROTHER'S only problem is that he isn't paying rent.

IMHO, your brother is legally very exposed. Unless he/you(?) does something quickly, your tenant could be there for many, many weeks not paying rent. Make the application now and you MAY get a hearing in January. Leave it too much longer and you won't get a hearing until February and all the while the tenant isn't paying rent.

There are some fairly hefty fines for breaching the RTA - check them out.

Not only will the tenant not be paying rent, but your brother will end up paying the tenant the privilege for doing so. This tenancy has been set up wrong from the get-go and now your brother is well and truly exposed to being in the wrong, with potentially substantial penalties payable to the tenant.

Why on earth your brother didn't take rent as Bond is beyond me. That's what it's for - to protect BOTH the LL and tenant when things turn to custard.

If you're lucky(?!!) and the tenant doesn't know his rights, you may be able to get him out without any consequences. If he does know his rights, your brother is in the do-do.

Don't do this in future. Get a property manager to manage it for you and pay them the commission (8%) each week. It's safer and less hassle for you and your brother.

(HINT : click on anything in blue and it's take you to the relevant link)

**Kaos** · 10-12-2011, 12:29 PM

Update: According to my brother, the flatmate gave notice that he is moving out 18th of this month. If I submitt the TT form for mediation, what will happen after the vacation date and he does not show at the hearing?

By the time everything is processed I wonder what is the better approach.

**eri** · 10-12-2011, 01:21 PM

has he given written notice?

if he changes his mind, will you mind?

is it worth the $20 filing fee to get rid of him?

**essence** · 10-12-2011, 01:40 PM

Having re-read your original post,

...had a guy move in as a flatmate, his name isn't on the tenancy agreement, nor did he pay a bond, things have turned sour .......

it's unclear whether he's a boarder with people you've rented to, or he's flatting with your brother.

IF he has moved in with your brother, just kick him out. Your brother will have to wear the costs.

If he's moved into a flat with other people your brother rents out to, then ALL THE FLATMATES are responsible "jointly and severally" for the weekly rent. If this is the situation, it's up to the flatties to solve the problem, not your brother or you. Your only concern is that the weekly rent hasn't been paid.

If he doesn't pay his share, it becomes the burden of all the flatmates. That includes his share of water and power. The other flatties will be annoyed but that's the breaks for taking on such a loser. If this is the situation, just get the other flatties to kick him out. Get them to threaten to call the Police, that will probably get him moving really fast!!!

If he's moved into a dwelling by himself and not paying rent, then he is solely responsible for the rent/water/power. Good luck getting water $'s from him .... he's not even paying rent!!! If the power is in his name, then it's problem with the electrical company.

Still sounds like a really badly managed situation. Everything needs to be formalised - for everyone's sake.

**Kaos** · 10-12-2011, 01:50 PM

The written "notice" came as a text on my phone as the message was forwarded to me.

He has until 7pm tonight to vacate. (if anyone was in that situation and given the opportunity to move out and not pay rent or outstanding bills as a clean slate, Im sure they would take it) got an update he is still there as the car hasn't moved from the driveway.

So making the assumption he's staying put. I actually think the police tactic is a good idea. It's the same in retail, you dont go into a shop take what you want and say "I'll pay when I get some money" because we all know that person will never pay, and its classified as theft.

**Keys** · 10-12-2011, 02:42 PM

RTA doesn't apply. have you ever conversed with him via text? If the answer is yes then he has given written notice.

**Kaos** · 10-12-2011, 03:08 PM

Originally posted by Keys View Post

RTA doesn't apply. have you ever conversed with him via text? If the answer is yes then he has given written notice.

Yes. We were texting yesterday as I asked what was he going to do to pay his detbs and whether he would consider selling his car or motorbike. To which the answer was no. However, when I said we need to catch up he said he was too busy. Plus he had the nerve to ask for a discount on the power!

**cube** · 10-12-2011, 04:41 PM

How can he give notice if the RTA doesn't apply?

**Kaos** · 10-12-2011, 04:49 PM

Thats what I want to know! just got a text saying "I cant get anyone to move bigger stuff till next weekend"

2 hours to go then things will get interesting

**olliestyles** · 10-12-2011, 06:23 PM

Agreement or no agreement there is no proof of one. Go and kick him out, if it turns ugly call the cops when he cries foul tell them you told him to get out two weeks ago so they don't buy in to his nonsense of having nowhere to go etc.

**Keys** · 10-12-2011, 08:08 PM

Originally posted by cube View Post

How can he give notice if the RTA doesn't apply?

Two things. The RTA doesn't apply so notification is not needed. However, should the argument be applied, notification was given.

**Kaos** · 10-12-2011, 09:38 PM

I was there from 5pm - 9.15pm and he didn't show up,(no surprise there!) so I added an extra slide bolt to the bottom of the gate, parked behind his car on the drive (just in front of the gate) Now you can only enter the property by foot.

No communication to say of his whereabouts and I wont be moving my car until I get payment for the debts which are now owed. Tomorrow I'll be changing the locks on the doors.

Police will be informed tomorrow as his car was pink stickered, its loaded up with his gear, and the car is illegal to be on the road as its a boy racer car lowered to the point its pretty obvious.

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