If a new flatmate has not paid any bond or rent can I ask them to leave?

Question Details: A flatmate moved in seven days ago, but has not paid bond or rent. The flatmate's boyfriend and pets have also moved in without my consent. Can I ask them to leave?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Your legal rights and the way you can enforce those rights depend on whether the person has been added to the tenancy agreement signed with the landlord or not.

We assume they are not named on the tenancy agreement. In that case, it is an issue of what you and the flatmate agreed. Your agreement can be in writing, in emails and texts, or even just a verbal agreement. By failing to pay rent on time, this person has breached the agreement made between the two of you that he/she will pay rent in exchange for the room. On this basis alone, you are entitled to ask this person to leave. If the pets and the boyfriend were not agreed on, you can also request that they leave even if the flatmate starts paying rent and pays bond.

If this person is named on the tenancy agreement, the situation is a bit more complicated. You can get more information by calling 0800 TENANCY or contacting your local Community Law Centre.

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