NSW a housemate refuse to move out in an shared house

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peng wu

Member
4 December 2019
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0
1
I am a houseowner and landlord. In my house, I have 4 housemates. One of them (named A) refused to move out after I did notice him verbally 4 weeks ago. My other housemates are the witness. I then gave A a written notice two weeks ago (my other housemates are the witness), but now he still refuses to leave.

The situation is:

1. We have never had a written agreement for his living in my house, only verbally. We agreed if he breaches house rules, I have the right to ask him to leave immediately. All my other housemates are the witness.

2. He asked me to sign a Centrelink rent subsidy form beginning of his move in. I did sign it because he did pay me cash for the rent. I don't want to lie to the government.

3. The reason I asked A to move out is because he is violent and threatened me and another housemate. He said he installed a web camera in my house. He breached a couple of the house rules (for example: smoking inside, don't clean his mess, etc...)

4. I reported to the police. The police asked me to report to Tribunal. I called tribunal, they said they don't accept my claim because A and I don't have written lease agreement. It means the police can take him away for Trespass reasons. I am really confused. I am a ball now to be kicked around.

5. Days ago, he lost his keys (as he said to my housemates). Every day when he goes out, he leaves the doors of the house open. He claimed he lost his belongings (sunglasses, food in fridge, etc...)

6. A transferred 2 weeks rent as bonds and 1 week rent online in the beginning. After that, he kept paying me cash as rent fortnightly. After I gave him the verbal move out notice, he hasn't paid rent so far.

I am very depressed and upset everyday, I can't sleep and eat. I feel I am dying when he is here. I do need some legal help. Please please help me! :(

Kind regards
 

Scruff

Well-Known Member
25 July 2018
872
128
2,389
NSW
I reported to the police, the police asked me to report to Tribunal , I called tribunal, they said they don't accept my claim because A and me don't have written lease agreement. it means the police can take him away for Trespass reason.
It's actually not because there's no written agreement, it's because this is not a tenancy covered by the NSW Residential Tenancies Act.

For a tenancy to exist, the tenant must have exclusive use of the residential premises under a tenancy agreement. As there are several people living there, including yourself (the owner/landlord), noone has exclusive use. As such, none of your housemates are tenants - they are boarders or lodgers.

I suggest trying the Police again and explaining to them that a tenancy does not exist under NSW law because the person in question does not have exclusive use of the residence. As such, they are a boarder, not a tenant. You should also show them a copy of the written notice you gave if you have one. As notice has been given and they are not paying rent, ask the Police to remove them from the property. They have a right to collect their belongings and you should ask that this be done immediately under Police supervision.

As a different approach, if the property is fully fenced, then unless there's some law relating to boarders that I'm not aware of (which is certainly possible), you may be able to get the Police to remove the person for trespassing under the NSW Inclosed Lands Protection Act (See sections 4 and 6).
 

peng wu

Member
4 December 2019
2
0
1
Thank you very much. Scruff , you are the champion,

There is some updated since my last post.

(05/12/2019) I went to the court to apply a DVO again him. but the judge not there so that i have to wait couple of days.

i was very upset and scared to stay at home when the other housemates are not there. I was so depressed and sad. I called domestic violence help line. They told me to report to the police.

I went to the police station. The officer said the same thing like you said, I have the right to ask him to leave whenever I want without a written notice. He asked me to go home and tell A he has to leave now. Otherwise I will call the police to move him out.

I did as I was told.

'A' said to me : 'call the police then'. I did call the officer but when the officers were on the way to my house, 'A' grabbed a bag and went out.

I thought he didn't want to face police for some reason, even he always said to me he reported to the police about me forcing him leave.

Since then I locked all my doors and gates.

'A' can't get in the house and disappeared since then. He said to my housemates that he lost the keys weeks ago, but didn't tell me so that I didn't change locks. He can't get in to my house anymore.


My concern is his belongings are still in my house. If he doesn't show up anymore, how can I call the police to supervise me to remove his belongs?

Besides, I gave him 2 weeks verbal notice to leave, after that, he didn't move out. I didn't know I have the right to ask him move out without reason. That's the reason I gave him another written notice to ask him leave before 15/12/2019 (this Saturday).

After that, I went to see the police and everything happened as I mentioned above.

My question is, if locking him outside will make me in a dilemma situation because I didn't unlock the door for him?

Thank you for your patience.

I look forward to hearing from you soon.
 

Scruff

Well-Known Member
25 July 2018
872
128
2,389
NSW
I'm a little unclear on whether you changed the locks or not. If you haven't, you should do that immediately. Don't believe that he "lost the keys weeks ago" - to be safe, you should assume that's a lie.

With a DVO on the way, it complicates matters if he shows up to collect his belongings. There is probably a process you will need to follow regarding keeping his property safe and trying to get him to collect it, but if the DVO is granted, then depending on it's wording, he will probably need to arrange for someone else to collect his things because it's likely that he won't be able to do it himself without breaching the order. I also don't know how a DVO would affect any requirements on you (if there is any) in regard to contacting him to try to get him to collect his stuff.

So while it is good news that he has gone, it complicates things that he left his stuff behind. I think it's best if I leave that issue to the lawyers on here to help you with, because I'm not really sure what exactly it is that you need to do now in regard to his property, particularly with a DVO coming.

Just hang in there and hopefully one the experts will pop up here before too long.
 

Atticus

Well-Known Member
6 February 2019
1,834
265
2,394
my question is if locking him outside will make me in a dilemma situation because i didn't unlock the door for him?
No it won't.... You have asked him to leave. He is not a Tennant... If he refuses to leave or makes a scene. Discretely call the police immediately. They will escort him away hopefully with his belongings.. It will be up to the police if they consider a restraining order necessary at that point