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Question Details: I am the only tenant on the tenacy agreement with the landlord and my flatmate does not pay rent on time. Am I able to kick them out? If so, what do I need to do? (I.e. do I need to give them written notice?) I do not have an occupant agreement with the flatmate; the only recorded agreement I have is an email agreeing to the rent amount/paying bond at the address with a start date (and no end date).
Thank you
Filed under Tenancy | 3052 View(s)
Community Law Wellington & Hutt Valley
Yes, you can kick them out if they are not on the tenancy agreement. However it might be useful to talk to them first - you might be able to solve your issues before kicking them out, or at least get them to agree to leave on a date that suits you both. You also need to give them a reasonable time to leave (what is reasonable depends on the circumstances, but 2-4 weeks' notice will usually be reasonable). Your notice does not have to be in writing, but it is a very good idea to put it in writing (even in an email) so that there is no doubt about the notice, and so that you have a record.
Keep in mind that it is your responsibility to pay the full rent to the landlord until you can find a new flatmate.
Answered 24 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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