The Share Housing Survival Guide - city scape graphic
Sections tab graphic
• Introduction
• Looking for a place
• Moving in & money stuff
• The legal situation
• Living in a share house
• Moving out (or being kicked out)
• Share housing - the future
• Glossary
• Contact points
• Extras
• Acknowledgements / legal info
• Site map
• Downloads
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Moving out (or being kicked out) - tab graphic
• Introduction
• Scenario 1 - Your landlord terminates the agreement
• Scenario 2 - You want to leave
• Scenario 3 - A flatmate moves out leaving you to pay all the rent
• Scenario 4 - You want one of your flatmates to leave
• Scenario 5 - Your flatmates are trying to kick you out
• Sample assignment of a tenancy agreement

(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)).
illustration of a body throwing it's head out and the head saying "B-but... you can't throw me out - I'm the head tenant!"
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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).

© Redfern Legal Centre 2005