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Taking on a tenancy - strange case

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  • Taking on a tenancy - strange case

    Hey,
    I am currently in a flat where no one is on the lease and hasn't been for a number of years (due to change of flatmates and landlord not following up). However we currently have a flatmate we want to get rid of but obviously have no power to do so legally so I was thinking of going on lease.
    The landlord has not done an inspection in at least 3 1/2 years and don't imagine he will do one if I take over the lease. We look after the house ourselves (inside and out) but he has sent a builder over a couple of times when large things need fixing. Though there have been other things we have told him about that he has not fixed (busted window frame, leak in kitchen ceiling when it rains heavy), however we don't want to rock the boat too much with him (whether that is via a rent hike, or kicking us out - which apparently he has threatened to do to previous tenants).
    How much risk am I putting myself in by asking to go on the lease? Does he have a leg to stand on for any damage (I imagine all of it would be considered wear and tear as it's a 120 year old house) he wanted to claim against me/the bond in the future considering he hasn't done any inspections?
    Is it too risky?
    Cheers!

  • #2
    If you do it, do your own inspection first. Get hold of an inspection checklist and document everything as of the date you take over the lease. Take close-up, date-stamped photos of everything.
    You need to establish the 'base level' of the place on the date you become the legal tenant.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

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    • #3
      I would get him onboard with an inspection report , get him to sign and acknowledge the condition before you take over the lease. Approach him in the right way at first with the suggestion , I'm sure he would be happy to have someone take on the lease as with no original remaining occupants he hasn't a leg to stand on should he try and claim for damages.

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      • #4
        The person you want to get rid of is just a flatmate - send them packing.
        Power to the majority.

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        • #5
          when you go on the lease you become liable for the others??

          Lease? do you mean tenancy agreement?

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