NSW Terminating Rude / Abusive / Inconsiderate Housemate NOT ON LEASE

Discussion in 'Property Law Forum' started by Sabrina Lini, 17 June 2019.

  1. Sabrina Lini

    Sabrina Lini Member

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    Hello I’m in need of URGENT advice.

    Basically four of us moved into a unit.
    Me and my boyfriend (on lease), one friend (on lease) and his twin brother (not on lease).

    The twin brother is a nuisance here is why:
    - we agreed on chores, he does NOTHING
    - he has a girl living with him who doesn’t pay a cent (rent goes up if couple) but he is not on lease and landlord doesn’t know. We also said we don’t want anyone else living here.
    - we had agreements on how often guests can stay, but he doesn’t listen and she’s lives here and is here when no one else is home which poses risk to our valuable etc
    - this girl has mental issues, has verbally abused me when I asked why she is here, has attempted to crack onto my boyfriend.
    - the two of them have constant fights and arguments in the house and around the people. She’s locks herself in bathroom and causes general nuisance and disruption
    - he has caused several altercations with people in the house and verbally abusing me and my boyfriend
    - he won’t leave and thinks it’s his right to stay here because he pays and also the girl can live here too.

    Here is some other information:
    - I have a cat which is not allowed in this property and I would hate for the owner to find out
    - he has not signed anything and the agreement is verbal
    - he pays on time weekly
    - we have had MULTIPLE conversations which he agrees to change and fix but he never does
    - I gave 7 days notice after he and the girl abused me and my partner

    What do I do?
    I want to leave but my name is tied to the place but I can’t live here for my mental health (I cry every day and feel so unsafe and like my cat or property will be damaged)
    Can I change the locks after the 7 days?
    Can I move his stuff to the street?
    Can I call the cops for trespassing after the 7 days?
     
  2. Scruff

    Scruff Well-Known Member

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    The extra occupants are boarders or lodgers, therefore the Residential Tenancies Act doesn't apply (there's no written agreement for sub-letting).

    You can therefore give "reasonable" notice (7 days is okay if they are paying weekly rent) and go straight to your last option (call the Police after the notice expires).

    When the Police come, ask for both of them to be removed. Explain that they are not on the lease and are therefore boarders/lodgers and not tenants. Have the Tenancy Agreement handy to show the Police so that there is no dispute about this. The Police can then escort them from the property after allowing them to collect their personal belongings.

    Be sure to request the key(s) in the presence of the Police as well, to make sure that they don't take off with them. You can not change locks without the consent of the landlord.

    But be warned...

    You have seriously breached your tenancy agreement by having more occupants than allowed and by keeping pets. It wouldn't surprise me at all if the evictees contact your landlord to report those breaches in retaliation - in fact, I would be expecting it. You may well end up having to pay extra back rent (if the rent is based on the number of occupants) and it is pretty much guaranteed that you will be forced to get rid of the cat.

    Worst case scenario? The landlord simply terminates the agreement and evicts all of you. If that happens, you pretty much don't have a leg to stand on - people get evicted all the time for less serious breaches than excessive occupants.
     
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