‘My nightmare housemate is refusing to leave and is now squatting’

The escalating rental crisis is causing a new issue that is leaving renters more vulnerable than ever.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on a sharehouse conundrum.

QUESTION: I live in a share house with three other guys and I’m the only one with my name on the lease. Unfortunately, we’ve had some problems with one of our housemates recently, and he has been asked to leave – but he’s refusing to budge. He’s essentially squatting at this point. Is there any way I can kick him out? – Josh, NT

ANSWER: Share houses are very common, particularly with the current rental crisis.

As you’re the only person listed on the lease, you are the head tenant, and the people you have sub-let to are called subtenants.

As the head tenant, you are considered the landlord of the subtenants, and this means there are rules you must follow.

You should have provided the subtenants with all documents as required under the Residential Tenancies Act.

This includes a tenancy agreement, receipts for bond and rent payments, and an incoming property condition report.

Even if you didn’t provide the housemate in question with these documents, or there isn’t a written agreement, they will still be considered a subtenant.

You haven’t mentioned whether the agreement with your subtenant was for a fixed term or was periodic (month-to-month with no predetermined finishing date).

It’s unusual for a subtenant to have a fixed-term agreement, so we’ll assume it was periodic.

You can terminate a periodic tenancy, without giving any reasons, by providing 42 days’ written notice. Picture: iStock

Can you make him move out?

You’ve done the right thing by having a conversation with your housemate and asking him to leave.

However, as he’s refusing to leave, you will need to follow the formal processes to get him to move out.

If the friendship hasn’t already been impacted by his behaviour, it could be after this.

You can terminate a periodic tenancy, without giving any reasons, by providing 42 days’ written notice.

There is a special form – the Notice of Intention to Terminate Tenancy Agreement – that you should complete and provide to the housemate you want to leave.

If your housemate does not leave by the deadline, you can apply to the Northern Territory Civil and Administrative Tribunal (NTCAT) for an order for possession.

If you are granted this order, then your housemate will be given a maximum of five business days to move out.

If he does not move out, then you can apply to the Local Court to engage the services of a bailiff to remove him.

If your housemate doesn’t remedy the breach, then you can apply for a termination order with NTCAT. Picture: iStock

Last chance

You haven’t mentioned what problems you’ve had with your housemate.

If he has breached the agreement you had when you moved in – such as to not throw parties or have pets – or even if he has not paid his rent, then you can issue him with a Notice to Remedy Breach. This will provide him with an opportunity to fix the breach and for the tenancy to continue.

If your housemate doesn’t remedy the breach, then you can apply for a termination order with NTCAT within 14 days of the end of the remedy period.

Check yourself

Finally, to sub-let the property, you should have first asked your landlord for permission. Your landlord cannot unreasonably refuse your request.

If you didn’t ask for permission to sub-let, then you are likely breaking the terms of your lease and you may be issued with a Notice to Remedy Breach, which could result in your tenancy being terminated and your eviction from the property.

For more information, contact Northern Territory Consumer Affairs.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor. If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page.

Originally published as ‘My nightmare housemate is refusing to leave and is now squatting’