Boarder Law (WTB Legal advice)

**Lias** · 14th April 2006, 13:39

My step-daughter's boyfriend moved in with us a month or two ago, as a boarder. He shares a room with her, and pays us board to cover the room, power, phone, food, washing, dogfood etc etc etc. He is however now over 2 weeks behind in his board, and she who must be obeyed is decidely unhappy.

I've done a bit of research, and about all I can figure out is that boarders are NOT covered by the residential tenancies act.

Does anyone have much experience with these situations, and know what our legal rights are?

Can we evict him on the spot?
Do we need to give him notice?
Can we keep his stuff till he pays?
Can we dump his stuff on the footpath and tell him he's evicted?
What (if any) legislation DOES cover private residential boarders?

**yungatart** · 14th April 2006, 13:56

I have no idea what the law is, apart from I know you cannot keep his stuff
I'd be tempted to take him out the back of the gargre for a little man to man "chat". I'd also talk to the girl about her taste in "loser" boyfriends who want nothing more than free sex and free board in return for what? He's a freeloader and you are all better off without him. Good luck.

**Sniper** · 14th April 2006, 13:58

You can't keep his stuff as its theft.

You are completely within your right to throw him out ASAP unless he has a signed tenancy agreement. Good luck mate

**Maha** · 14th April 2006, 14:27

Hi its Mrs maha man, I do rentals for a living. As I see it you have a private arangement with your step-daughters b'friend, this is not covered by the residential tenancies act. I am guessing that you do not have any agreement with him in writing. This is not really a problem if he has been living there a while and been regularly paying his agreed board. This constitutes an acceptance of the terms of your verbal agreement. I would simply sit him down and explain that he can not free load at your place, that you expect his board paid each week and agree for him to repay the missing board each week with his regular amount. Put that agreement in writing stating the time frame you expect repayment and the consequence of him not paying ie.he leaves. If he does not play the game, I would stand over him while he packs and help him out the door. You can use the written agreement to recover the money through small claims court if you want to take it that far. Even the fact that he had been paying will be enough to go to this step. Perhaps best to just sit down with the pair of them and lay out the ground rules and issue the ultimatum that you wont tolerate being taken advantage of. If they dont like it.........leave.hope that helps

**Winston001** · 14th April 2006, 14:28

Good question. He's sort of like a hotel/boarding house guest and in those situations the owner can toss out a non-paying guest.

Assert yourself. He'll have excuses but he's also probably been a user and freeloader in the past and got away with it. Chuck him out - this is your home after all.

Seizing his stuff? Well, its not exactly lawful but it might be effective. Just act indignant and suprised if a policeman asks - they won't want to get involved.

**Marmoot** · 14th April 2006, 19:21

The law sucks........

Landlord should be allowed to keep stuff until rent-arrears is paid.

**Ixion** · 14th April 2006, 20:25

Landlord does have the right to distrain for overdue rent. At least in some cases, unless it's been very recently changed. Distress and Replevin Act 1908 I think.

But it's a fearsome technical bit of law , with all sorts of nasty gotchas. Common law gets all involved too. Usual difficulty is inability to effect entry, since doing so usually terminates the tenancy. Not an issue in this case though.

CAVEAT. IANAL. Get legal advice

**Winston001** · 14th April 2006, 20:29

Originally Posted by Marmoot

The law sucks........

Landlord should be allowed to keep stuff until rent-arrears is paid.

Personally I agree, just as I also think that debtors should face the choice of prison or bankruptcy. But no - the trendy liberals can't have people facing the consequences of their own stupidity.

Anyway, the law still allows comercial landlords to seize a defaulting tenant's property.

**oldrider** · 14th April 2006, 21:03

Lias, you have the makings of a family disaster on your hands if this all goes pear shaped.
Make sure you and your wife are as one on the issue.
Ascertain why it is you have this situation on your hands.
Agree clearly upon what would be a satisfactory outcome.
Do not blame anyone, just look for a solution.
I would suggest the common denominator is your stepdaughter.
He would not be with you if it were not for her.
Both you and your wife should ask your stepdaughter what she wants from the situation.
Is she aware of the details of the circumstances and ask her to remedy the problem and work with her toward the resolution.
Take care not to blame her but just keep asking her how you can help her to resolve the problem, which is of her making but one that she must resolve.
You do not want to lose your stepdaughter I take it but if they can not live under your roof within your (you and your wife) requirements then they should move out and set up their own household and observe their own rules etc.
Keep your emotions in check and just be firm on your requirements.
Your rules (in your house) or their own rules (in their own house) and every body still being friends.
If your stepdaughter is through with him, just tell him to go.
If you are all through with him just tell him to piss off "now" forget the money he owes you it will be worth it just to get him out of your lives.
KISS principal, keep it simple and sure but be absolutely united and firm in your resolve. Good luck and cheers John.

**Marmoot** · 14th April 2006, 21:10

Originally Posted by Ixion

Landlord does have the right to distrain for overdue rent. At least in some cases, unless it's been very recently changed. Distress and Replevin Act 1908 I think.

But it's a fearsome technical bit of law , with all sorts of nasty gotchas. Common law gets all involved too. Usual difficulty is inability to effect entry, since doing so usually terminates the tenancy. Not an issue in this case though.

CAVEAT. IANAL. Get legal advice

In the property that I manage (which operates commercially, not under Tenancy Act), in the License to Occupy we stipulates that if rent is arrears for more than 14 days the operator reserves the rights to re-enter the room and any belongings to the occupier can be witheld and tenant entrance rights revoked until such arrears are paid.
I believe it is legal as long as the premises is not a residential (which will then be under Residential Act).

But at the end of the day, Residential Act sucks and is often exploited by troublemakers.

As for Lias, if I were you I'd talk to my daughter and get her to confront the boyfriend. If he IS a freeloader and they break up because of that then she is better off without him. If he DOES pay, then they'd be good together.

**Mental Trousers** · 14th April 2006, 21:21

Just do what you do best and thump him until he pays up.

**Teflon** · 14th April 2006, 21:54

The guy lacks respect and is treating you like a chump.

I agree with MT, you need to rough him up a little. Intimidation is the key.

**WINJA** · 14th April 2006, 22:11

are you fucking kidding lias , grab him by his ear throw his sorry arse on the street and throw his shit out behind him , dont keep his stuff just chalk the loss up as a lesson . the tenancy act does not cover boarders and if it did it wouldnt stop me anyway