Can we evict our flatmate lawfully?

Question from Charlotte Knowles updated on 16th April 2009:

We have a flatmate who is not on our lease, but is harassing another one of our flatmates calling her horrible names and the whole situation is starting to affect our whole flat and we were wondering if we are allowed to evict her? what are our options here?

Our expert Jeff Montgomery responded:

The Residential Tenancies Act 1986 applies only to the relationship between a tenant and landlord. It does not cover the relationship between tenants, or flatmates and tenants.

However, you may wish to seek independent legal advice from your local community law centre concerning your situation. Flatmates are encouraged to enter into a flatting agreement with each other. Doing so may help avoid problems such as this.

An example of a flatting agreement can is available at www.flatting101.co.nz


The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.




 

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