Can't trust no one - flatmate dramas

**bamaboy** · 6th January 2013, 09:12

hi guys
I know a lot of you will say this would be last place to look for advice regarding tenancy tribunal etc, but I know from my experience there are quite a few members out there that have epic amount of knowledge about tenancy laws on nz. So here goes

I and this fella D.C moved into a flat in may 2010 on a joint lease tenancy agreement, we both had half shares in the bond and the way the flat operated

may 2011 the landlord is happy and wants to continue the tenancy, we all mutually agree on emails and carry on, no extra paperwork done,

by may 2012 the landlord wants to increase rent by 5% which is very fair and again we agree to go ahead with the "renewal" of the tenancy and carry on.

now here's the catch, I was on out of the country on a holiday during may and without my knowledge my flatmate D.C goes to the landlords home and gets him to fill a new "residential tenancy form" with only his name on it.

comes back takes over the big room (my old room) chucks all his stuff in his smaller room and takes over the 3 garages of the flat with his business stuff.

I didnt say much as I was travelling for most of the year 2012 and was in and out of the house. come dec 2012 Im back for good and realise this guy has been housing a dog in the house against the landlords consent, never cleans and the usual things our landlord wont appreciate us as tenants doing.

When I confronted him regarding this, he reckons he is the sole lease holder of the house and gives me an eviction notice for "personal reasons"
the bond is still in both our names, the flat bank account is in my name, from which rent goes out, electricity and phone bills goes out.

he didnt fill a "change of tenancy" form and get it signed by me\landlord or the "transfer of bond" form. basically he has blindsided me completely by filling out a new "residential tenancy form" and claims to be the new sole lease holder of the house which supposedly empowers him to have the right as to who can have sole control of who stays in the house and who doesn't.

Its still xmas holidays for most authorities and i have not been able to reach anyone who can help me regarding this till 14 jan, I have quite a bit of sleep regarding this, the landlord emailed me back saying as per his knowledge me and D.C were both signatory's under the original lease and will come over on the 10th jan to resolve this, but is slightly unsure if he signed the new tenancy form correctly for d.C and says he will get advice from his lawyer by that time.

meanwhile i wait while I have no idea how this is going to turn out, trusting this guy D.C 3 years ago was a bad idea, he wont wanna resolve or disclose what is his issue with me, and basically he just wants the full control of the house which again i was the one to hunt down and put my name for credit checks etc.

for the members who read this and want to shoot me down for posting DHB tenancy issue pls understand this is my home at stake and I didnt know who else to turn too, and for members who do provide any advice\guidance I am highly obliged and thank you guys for your help as that will enforce that asking for help on this forum wasn't that bad a thing to do

**unstuck** · 6th January 2013, 09:17

Beat the suckers ass and throw him on the street, then keep all his stuff.

It is the only way that you are going to come out of this feeling like a MAN.

**bamaboy** · 6th January 2013, 09:22

Originally Posted by unstuck

It is the only way that you are going to come out of this feeling like a MAN.

hahaha didnt see that coming but definitely lighten up the mood. even more I agree with you.

but gonna apply for citizenship end of year so cant have any police charges against my name...... :P

**Goblin** · 6th January 2013, 09:27

Let me guess...DC stands for Dirty Cunt!?

Sorry I have no helpful advice but I'm sure Mom will be along shortly with some.

**unstuck** · 6th January 2013, 09:27

Originally Posted by bamaboy

hahaha didnt see that coming but definitely lighten up the mood. even more I agree with you.

but gonna apply for citizenship end of year so cant have any police charges against my name...... :P

Self Defence. He hit you first, I saw it. I would swear it on the HOLY bible.

**bogan** · 6th January 2013, 09:35

Should there have been extra paperwork done for the may 2011 carry on of the tenancy? ie, was it a fixed term contract? If it wasn't it seems clear cut, as the change of tenancy holder was not performed correctly, with you not being notified. If it was a fixed term contract, that may have lapsed if they don't accept emails as legit forms of renewal (though they might), then him applying for sole tenancy is still a bit dodgy due to you not receiving or being notified of bond transfer, but perhaps more legit.

If its as muddy as it seems, I'd expect the landlord's opinion to tip it either way if you take it to tribunal.

**unstuck** · 6th January 2013, 09:37

So the solution is simple, whip round to the landlords and give him a quick gobby.

**bamaboy** · 6th January 2013, 09:49

Originally Posted by bogan

Should there have been extra paperwork done for the may 2011 carry on of the tenancy? ie, was it a fixed term contract? If it wasn't it seems clear cut, as the change of tenancy holder was not performed correctly, with you not being notified. If it was a fixed term contract, that may have lapsed if they don't accept emails as legit forms of renewal (though they might), then him applying for sole tenancy is still a bit dodgy due to you not receiving or being notified of bond transfer, but perhaps more legit.

If its as muddy as it seems, I'd expect the landlord's opinion to tip it either way if you take it to tribunal.

I'd love to answer this for you, but while I was away the MrDecepticon went thru my folder in the storage garage with all important documents and stole the original forms etc and every document regarding the flat.

even if it was a fixed term tenancy that we agree to continue after the first year, doesn't it automatically extend beyond the year as a non fixed term\ monthly tenancy ?

Hopefully the landlord will have some sense about this, I emailed a list of issues like pets, cleanliness, weapons in the house etc to the landlord that DC has not being honest to the landlord and hope for the best

**Nova.** · 6th January 2013, 09:54

yeap i definitely think he'd be getting a hiding if it was me and thrown out the fucking door.
what a dirty rat cunt. excuse the language.

**bogan** · 6th January 2013, 09:58

Originally Posted by bamaboy

I'd love to answer this for you, but while I was away the MrDecepticon went thru my folder in the storage garage with all important documents and stole the original forms etc and every document regarding the flat.

even if it was a fixed term tenancy that we agree to continue after the first year, doesn't it automatically extend beyond the year as a non fixed term\ monthly tenancy ?

Hopefully the landlord will have some sense about this, I emailed a list of issues like pets, cleanliness, weapons in the house etc to the landlord that DC has not being honest to the landlord and hope for the best

Unsure about the extension, there might be a default arrangement, but I would imagine that to be more easily replaced with a single tenant controlled one, than if it was originally signed as flexi term. But thats just my theory, your landlord will know.

If you can get evience of him doing dodgy shit like that (like having a dog against the terms), then do so and present it, otherwise I would be hesitant to bring it up.

**sil3nt** · 6th January 2013, 10:01

You have the flat account so you can get your bond from there and if he is the sole lease holder then just close off the phone and electricity (assuming also in your name) and just fuck off and forget about it!

**unstuck** · 6th January 2013, 10:05

He obviously thinks your some sort of a push over, or weakling that he can do whatever the fuck he likes to you. I wouldnt be taking it. Time for some mood music.

**Flip** · 6th January 2013, 10:09

Were you still paying rent while you were away? The landlord will have a copy of the tenancy. A tennancy can't be changed without your agreement. However DC will probably claim you had abandoned the property.

What do you want? DC to leave? If DC is on the original TA he has the same legal rights as you.

It might be a dirty trick but let the rent get behind over the next few weeks...... Its probably time to start looking for a new flat whatever happens.

I bet DC is not paying commercial rental rates for the property if he is running a business from it.

**schrodingers cat** · 6th January 2013, 10:10

Originally Posted by sil3nt

You have the flat account so you can get your bond from there and if he is the sole lease holder then just close off the phone and electricity (assuming also in your name) and just fuck off and forget about it!

Agree.

Easy