Kicked out by flatmate

Question from Nichole updated on 18th October 2013:

I've just moved into an apartment through tenants not the landlord, my partner and I are classed as flatmates. The tenant has decided that she wants to kick us out for no reason. We have a tenancy agreement with the tenants for a fixed-term contract that will change to periodic tenancy after four months. What are my rights and what can I do about the situation? Both parties have signed the contract.

Our expert Alan Bruce responded:

The Ministry of Business, Innovation and Employment provides advice on the Residential Tenancies Act 1986, which applies only to the relationship between tenants and landlords.  It does not cover the relationship between tenants (those people who are named as tenants on the tenancy agreement), or between tenants and their flatmates.  If you are unable to reach an agreement with your flatmates, you may wish to seek independent legal advice from a lawyer or your local community law centre regarding your concerns with your flatmates and your options for resolution.

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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