Tenenacy Dispute - My Friend Gave 2 Weeks Notice to Kick 2 Girls out and Now They Are Threatening Her!

[Deactivated] on 28/02/2015 - 10:24

Here are the events that occurred:

My friend is a tenant in a 3 bedroom house. She has an understanding with the landlord that the house will occupy more people and that she will take further payment for others living there.

She normally has 8 people living there at any given time (I know it's cramped) but it keeps costs very low and everyone is happy to share and understands what kind of living experience they are going into (please no need for opinion on how to live - to each their own)

Recently, 2 new girls moved in.

They are best friends - however after only a short period they started causing problems with the other housemates and eventually - all the other housemates complained about them.

My friend decided to give the 2 new girls 2 weeks notice to leave the premises because they simply would not come to agreeable terms with any of the other housemates.

After giving them 2 weeks notice to leave - they had a massive verbal argument and then came the FaceBook messages:

"We will go to the tenancy tribunal and we are Australians so we know people who work there"
"This can affect your residency application"
"But I'm a good person so maybe I won't"

My friend did not have a written contract with the 2 new girls - they had a verbal agreement.

The 2 girls also paid rent weekly.

I looked up some posts online because this is in NSW

http://sharehousing.org/scenario-5-your-housemates-are-tryin…

It seems that the 2 girls were classified as borders / lodgers and she only needs to give 1 week notice (length of notice to borders should be the same as period of payments according to above site)

Should she be worried about her residency application? Would it be affected with such a small matter?

Should she be worried about the NSW tenancy tribunal considering it SEEMS that she has followed rules?

It SEEMS that she has followed rules - but has she?

Home & Garden

Comments

  • juventino on 28/02/2015 - 10:43
    +13

    it won't affect the residency application.

    it is just one of those " I'm Australian, you aren't so I'm gonna spew some bullshit law " mentality, hoping that you'll back off.

  • gevidian on 28/02/2015 - 11:10
    +14

    Ignore them. Anyone boarding with 8 others in a 3 bedroom place in unlikely to know anyone of any influence - the only people they will know would be at Centerlink. And your friend has followed the rules and is at no risk.

  • existence on 28/02/2015 - 14:14
    +2

    Consult a solicitor/lawyer, but ultimately if you don't get a court order for eviction, you may just have to lock them out after they leave one day because the police are usually powerless to assist in these matters (civil disputes). But let them stay up until their rent is paid if they aren't being aggressive. If the lodgers are dumb enough to take it to tribunal/court, they won't get far.

    • zolinger on 28/02/2015 - 16:56

      It's probably not worth the money to hire a solicitor, especially if OP's friend is renting the property.

  • [Deactivated] on 28/02/2015 - 15:21

    Thanks for that.

    I thought as much but just wondering if anyone who has experience / works in this field would have something concrete.

    Cheers!

  • [Deactivated] on 28/02/2015 - 15:24
    +5

    This is clearly a room lodging agreement, not a tenancy agreement. I have assumed it's not a registered boarding house. Don't be afraid of their bull, tell them go complain if you want. They won't take her side because the proprietor (landlord) has ultimate control of the house (including the rented rooms) and may give a notice to leave to the 2 girls at anytime. The proprietor (landlord) can give them notice to leave even if it was a week.The notice to leave should be in written form, not in verbal. Since you are in NSW they have will have little to zero claims with the NSW Tenancy Act. I have quite a bit of experience in renting out rooms in NSW, and have dealt with a lot of crap. Basically, never ever rent your room based on a verbal agreement, everything should be in writing, including:
    - rent paid, when to pay (date and frequency)
    - notice to leave (either given by lodger or proprietor) and what would happen: This will allow you to set the rules, and give you the upper hand.
    - house rules
    - minimum stay period.
    - state this is a "room lodging agreement", not "residential tenancy agreement".
    - Avoid tenancy terms like bond, tenant, landlord. Use terms like deposit, lodger, proprietor.
    - Every page must be signed and dated.

    PM me if you need more help.

  • zolinger on 28/02/2015 - 16:55

    Since OP's friend's name is on the tenancy agreement, it would mean that OP's friends are liable for damage caused on the property by boarders. Those threats are empty threats but if they decide to throw a tantrum around the house - which they may do, he/she'll be liable for damages if the lessor/landlord decides to press for repairs. You should ask him/her do what others have said, fill everything out in writing. This is my understanding as a property manager in Qld but perhaps a NSW PM may be able to weigh in?

  • lenlynn on 01/03/2015 - 11:16

    Ask the owner to drop in and have a word with them? Would help if he's a big burly Australian. Used to rent rooms/rent out rms without written contracts and the owner generally can solve any problem.

  • Geewhizz on 02/03/2015 - 07:56

    Your friend would be wise to share a little less of her personal business with total strangers.

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