Calling all bush lawyers

[Reido]

So heres my situation.

Im renting a house, my name is the only one on the tenancy agreement.
I have three flatmates living with me who have all signed the agreement attached.

On the 31/7/11 I gave one of them their 14 days notice to move out.

He has decided to make this difficult.

A txt i got from him today

o one more thing. if i move out this weekend u must pay my bond back immediately and the remainder of my rent up2 my last day of tenancy. this is as per the residential tenancies amendent act.


Now our agreement says

6. This agreement can be terminated by 14 days’ notice given by either party in writing.

So even if he moves out our agreement doesnt end till 13/8/11 yes?
Therefore the remainder or the rent is mine? I have not got anyone else to move in yet.

Any thoughts? or facts =]

Reido

[Usarka]

14 days is the notice period. If you both agree to terminate earlier then so be it, otherwise if he chooses to move out early it's his problem.

Removes bush lawyer hat.

[Bald Eagle]

Call the Depart of Building & Housing - they will tell you correctly and exactly what the act means in your situation


http://dbh.govt.nz/tenancy-index
0800 TENANCY (0800 83 62 62)

[Usarka]

Worth a go, but I'd be surprised if they care about flatting agreements. DBH are usually concerned about the tenant/landlord relationship.

Unless there is over-riding legislation then the attachment looks like a valid contract with clearly defined notice periods.

[bogan]

Ask him which bit of the act he is referring to.

I always figured the agreement was terminated after 14 days and you had to pay up until then unless somebody else moved in. But it could be read is the agreement is terminated when the 14 days notice is given, and as you gave the notice, if he decides to leave earlier, it is all good.

[Indiana_Jones]

Well in my eyes, if you asked him to leave with (within) 14 days notice and he wants to leave before that date then he shouldn't be paying for the rent if he's not there.

-Indy

[HenryDorsetCase]

14 days is the maximum he can stay, right? and he has to pay. if he moves out early, tough shit.

your problem is if you took "bond" from him and didnt lodge it with the teancy bonds office

[Usarka]

Well in my eyes, if you asked him to leave with (within) 14 days notice and he wants to leave before that date then he shouldn't be paying for the rent if he's not there.

-Indy

Your eyes don't mean squat in contractual law lol.

The notice period isn't a way to be nice, it's a contractual way of defining when the agreement ends. In this case it ends 2 weeks after either party gives notice.

Put it in the context of eviction. If a landlord gives you 90 days notice, you can leave early but only if you give the required 21 days notice from your end. You cannot pack up and leave the next day and say you're not paying rent and want your bond back immediately.


Ask him which bit of the act he is referring to.
Sterling idea. Ask him which specific part overrides the contract he signed with you.



your problem is if you took "bond" from him and didnt lodge it with the teancy bonds office

I'm assuming OP has paid the bond for the tenancy, and the agreement attached covers the bond for the flatmate. If so the tenancy bond office is not relevant.

http://www.cab.org.nz/vat/hle/rt/Pages/Problemswiththebond.aspx

[Indiana_Jones]

Your eyes don't mean squat in contractual law lol.

The notice period isn't a way to be nice, it's a contractual way of defining when the agreement ends. In this case it ends 2 weeks after either party gives notice.

Put it in the context of eviction. If a landlord gives you 90 days notice, you can leave early but only if you give the required 21 days notice from your end. You cannot pack up and leave the next day and say you're not paying rent and want your bond back immediately.



Still a load of BS but you make a good point.

-Indy

[Reido]

he has now threatened

un i will be reimbursed for the days im not there. or i can be much more difficult. simple it is.

lol hes yoda.

and then


believe me

[Str8 Jacket]

As has been already stated; Call the Depart of Building & Housing and get the correct answer.

He may have done this already and it's he who is the having the laugh at you..... ;)

[imdying]

Yup, they have all the answers.


The Residential Tenancies Act also says that you must:

* move out by the date set out in the termination notice (for a periodic tenancy), or the end date in the tenancy agreement (for a fixed-term tenancy)
* pay the rent up to the last day of the tenancy
* leave the house reasonably clean and tidy
* remove any rubbish or arrange for its removal by the last day of the tenancy
* return all keys, pass cards or security devices to the landlord
* leave any chattels belonging to the landlord at the property.

[Reido]

I called them and they said The Residential Tenancies Act doesnt apply to him,
its between the lardlord and the tenant (me)

[Indiana_Jones]

There's a game afoot!

-Indy

[Usarka]

he has now threatened


lol hes yoda.

and then

The guy is a moron.

If he thinks the notice period doesn't mean anything tell him he has to leave tonight.

[Indiana_Jones]

The guy is a moron.

If he thinks the notice period doesn't mean anything tell him he has to leave tonight.

Good point, give the cunt his bond and tell him to fuck off right now lol

-Indy

[Virago]

Demanding refund for days he's not there shows he's just being an arse.

Keep your dealings with this guy polite and to the point - don't respond in any abusive or antagonistic manner. Keep records of all conversations, txt messages etc.

[imdying]

Yup fuck off and I'll see you in court (assuming he goes that way). Skewered himself a bit by putting that in a text.

[huff3r]

So you have a written flatsharing agreement with him?

If so then it is simple. It's a written contract, he has to follow through on his end and pay rent up until the end of the notice period.

http://www.salient.org.nz/columns/flat-sharing-agreements

If you have used the standard DBH flatsharing form then I can see where he thinks he is entitled to that, but he is misreading the clauses:

6. This agreement can be terminated by 14 days’ notice given by either party in writing.

and

11. At the end of this agreement, the head tenant will return the bond to the flatmate immediately. The head tenant
can deduct from the bond any cost which is outstanding and is the responsibility of the flatmate.

If he misread this he could have interpreted it as once you give notice the agreement is over, hence clause 11 comes in. However the agreement is not over until the 14 days notice is up, as is stated in clause 6.

[Banditbandit]

So heres my situation.

Im renting a house, my name is the only one on the tenancy agreement.
I have three flatmates living with me who have all signed the agreement attached.

On the 31/7/11 I gave one of them their 14 days notice to move out.

He has decided to make this difficult.

A txt i got from him today



Now our agreement says


So even if he moves out our agreement doesnt end till 13/8/11 yes?
Therefore the remainder or the rent is mine? I have not got anyone else to move in yet.

Any thoughts? or facts =]

Reido

Buy a shotgun and leave it in a conspicuous place ...