What happens if tensions or personal conflicts develop within a shared household to such an extent that the house can no longer operate? What if flatmates find they are incompatible? Can one group of flatmates insist that another flatmate leaves? Can you evict a flatmate?
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(a) ... and they are a co-tenant

If a flatmate's name is on the lease then you cannot force them to leave. The Residential Tenancies Act does not cover the legal relationship between co-tenants which means you cannot go to the Tribunal over a dispute with a co-tenant.

Basically you have two options. First, you should try to resolve the dispute by discussing the problem and coming to an agreement for one or more tenants to leave. If you find it difficult to reach a solution, you can get help with mediation through a community justice centre. If one or more of the co-tenants agree to leave, they should sign over their legal rights to the remaining co-tenants or to the new tenants (see Scenario 2(a) or see the end of the Guide for a sample assignment form).

If the problem can't be resolved, the second option is to end the tenancy. This requires all the flatmates to agree to move out, which can be very traumatic for everyone involved and could be expensive if the fixed term of the lease has not yet expired and you are held liable for rent and other costs. If you are in a continuing agreement, 21 days written notice needs to be given to the landlord/agent.

Clearly the law offers co-tenants no adequate solutions to this kind of problem. Your best option is to try to resolve the dispute before you are forced to break up the household. Keep talking as long as possible and don't let egos get out of hand!
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(b) ... and they are a head tenant

If you are a subtenant and you want your head tenant to move out, you're going to have a tough time unless they agree. The whole point about being a head tenant is that they can choose who they want to live with, not the other way around. If the head tenant has breached the Residential Tenancies Act for example, by harassing you, not organising for repairs to be done or not giving you rent receipts when you've asked for them, then you have the right to take them to the Consumer, Trader and Tenancy Tribunal. The Tribunal can order the head tenant to stop breaching the Act, but they can't order the head tenant to move out when the complaint is made by a subtenant.
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(c) ... and they are a subtenant

If you are a head tenant and want a subtenant to leave, you must abide by the Residential Tenancies Act and if no fixed term was ever entered into give them 60 days written notice to move out (unless they have breached the Act, in which case only 14 days notice would be required - see chapter 4 'Your rights and responsibilities as a tenant'). If the subtenant ignores the notice, you must apply to the Consumer, Trader and Tenancy Tribunal for orders of termination and possession before they can be evicted by a sheriff. It is illegal to try to lock your flatmate out without the authority of the Tribunal - and you could face a fine of $22,000 if you try it.

You cannot ask a subtenant to leave simply because they have asserted their legitimate rights, for example, by asking you as head tenant to organise for repairs to be done or requesting receipts for rent. If the Tribunal concludes that the notice of termination is a 'pay back' to a tenant for seeking their rights in the house, the application for eviction may not be granted.
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(d) ... and they are a boarder or a lodger

Boarders and lodgers are not protected by the Residential Tenancies Act and only need to be given 'reasonable' notice to move out. The meaning of reasonable is very elastic (see Scenario 1(c) for details).

It is often difficult to know whether a flatmate is a lodger or a subtenant. Generally, it is safer (and fairer!) to treat your flatmate as a subtenant and give the 60 days notice required under the Residential Tenancies Act.