(a)
... and you're a co-tenant
As a co-tenant, you have the same legal right to stay in the place
as the other tenants - only the landlord/agent can order you to
leave and they would have to evict the whole household rather than
an individual tenant. However, if it's pretty clear that you don't
get on with your flatmates, it's pointless causing unhappiness for
yourself and the others by staying there forever. See Scenario 2(a)
for information about what you should do if you decide to move out.
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(b) ... and you're a head tenant
If the lease is in your name, then you are the head tenant and your
flatmates whose names are not on the lease can't insist that you
leave. If you want to stay, you will have to try to work things
out - in the end, your flatmates may decide to go themselves. If
you decide to leave, you will either have to terminate the agreement
and give appropriate notice to your landlord and flatmates (see
Scenario 1(a)), or assign the agreement to the remaining flatmates.
This will require the prior permission of the landlord/agent (see
Scenario 2(a)).

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(c) ... and you're a subtenant
You must be given the correct notice by your head tenant, that is
if no fixed term was ever entered into, 60 days notice in writing
unless you have breached the lease, in which case only 14 days are
required. (These notice provisions are the same as the notice that
a landlord has to give a head tenant - see Scenario 1(a)).
If your head tenant doesn't give you the written notice, you should
ask for it. The notice period should start from the date you receive
the letter. If you are being asked to leave because you have breached
the lease, the letter should give the reason and details for the
termination, for example, you have damaged the house or done something
illegal on the premises etc.
If you don't leave by the notice date, your head tenant will need
to take you to the Consumer, Trader and Tenancy Tribunal for a termination
order. (See Scenario 1(a) for an outline of the eviction procedure.)
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(d) ... and you're a boarder/lodger
Boarders and lodgers have very little protection. If your flatmate
is your landlord or head tenant, they are only required to give
you reasonable notice. As boarders and lodgers cannot apply to the
Consumer, Trader and Tenancy Tribunal to protect their rights, there
is little you can do to stop the eviction or get a longer notice
period if you think the notice isn't reasonable. You can also be
locked out if you don't leave by the required date. Legal protection
for your possessions is difficult to enforce.
However, if you have been living in the house on equal terms with
your flatmate and appear to have exclusive possession of your room,
it may be that you are a subtenant and are protected by the Residential
Tenancies Act. If there is doubt about your status, you can apply
to the Consumer, Trader and Tenancy Tribunal for an order regarding
an issue such as the landlord to stop breaching your right to quiet
enjoyment of the premise, and the Tribunal will determine whether
you are covered by the Act as part of the proceedings. If your application
is successful, and your flatmate still locks you out, they may face
a fine of up to $22,000. You could also apply for compensation for
expenses caused by the lock out and any loss of property. Call your
local tenancy service for further advice (See Contact
Points).
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