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  1. #11

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    thanks

    where does it say head tenant has to live at property.?

    There is an allowance for non occupying tenants in social housing why not other tenancy arrangements?

  2. #12

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    Quote Originally Posted by John the builder View Post
    thanks

    where does it say head tenant has to live at property.?

    There is an allowance for non occupying tenants in social housing why not other tenancy arrangements?
    The word tenant implies the person is living at the property. Initially i was going to use myself as a head tenant but i was not living at the property so this was not viable.

  3. #13

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    tenant is defined under RTA as a "grantee of a tenancy" which is in turn a ""right to occupy" it doesnt say you are occupant?

    s5 (s) allows specifically for non-occupation by tenant
    Last edited by John the builder; 14-09-2018 at 04:47 PM. Reason: add s5

  4. #14

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    Possibly you could argue that the one problem you may have is one of the "flatmates" decides they come under the RTA. This is actually what happened to me, when one problematic flatmate I served a 2 week notice on took me to the RTA and argued he wasn't a flatmate since i didn't reside on the premises ,so instead i tried to claim exclusion from the RTA based on one of the sections that says if "amenities" included in the rent form 20% or more then this excludes the accommodation from the RTA.
    I included in the rent , power, water, phone, net, sky, and a once weekly cleaner which formed well over the 20% for exclusion from the RTA. I also presented signatories from each flatmate saying they did not want to be under the RTA as shared situations are problematic if they are. The TT arbitrator decided that power and water could not be deemed as amenities and should be classed as "out-goings" therefore when they were taken out of the rent my exclusionary basis was kaput.
    To this day it seems nonsensical to me that she re-classed the amenities as outgoings .
    So after that nightmare episode future flatmates were signed up to one head tenant who resided at the premises.
    Last edited by mrsaneperson; 14-09-2018 at 05:59 PM.

  5. #15

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    but that rogue tenant could still do the same thing to the current head tenant?

  6. #16

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    Quote Originally Posted by John the builder View Post
    but that rogue tenant could still do the same thing to the current head tenant?
    No because under the shared accommodation agreement they would sign, it specifically excludes from TA and recognizes the head tenant/flatmate relationship
    Last edited by mrsaneperson; 14-09-2018 at 11:09 PM.

  7. #17
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    3,032

    Default

    To me, a tenant is a person listed on the Tenancy Agreement.
    Anyone else who is living in the house is then either family, flatmate or friend.
    Thus you are either a tenant or not a tenant. I don't see how anyone can be a 'head tenant'.
    All these other occupants you are disciussing are not actually tenants under this definition.

  8. #18

    Default

    the term head tenant appears of the TS flatmates agreement form. Tenant is defined in RTA as you say.

    The problem is that councils and TS are going around accusing flatmates of being boarders which bring them under the RTA and councils can impose building act provisions for a boardinghouse.

    A non occupying tenancy (with flatmates agreements) gets around the problem under s5 (s). I was trying to find iut if there was anything that countered this arrangement,


 

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