Husband who's not in rental agreement refused to leave

[EN710]

It makes nearly no difference that he's a husband of your tenant, so I'm not sure where you're getting your information about that from.

The PM mentioned something like that - apparently the husband is considered tenant's guess of some sort (tenant is no longer living there, but still paying rent on time).

This situation does not sound good for her, or for you. I hope it sorts out quickly and without trouble. Has she grounds for an AVO?

I'm not sure whether he's abusive to her, but according to PM, the wife suspect the husband is on drugs (she saw a syringe and that's the last strike as they have kids). Yes, it's not a great situation for her (and me). We're not planning to pursue her for short notice etc. Just want the property vacant in a good manners.

It would seem to me that the woman would be unable to return the property to you if the husband is still living there! It seems that her only course of action would be to take out an avo on the husband so that the police must enforce his removal from the property. This will leave her free to leave & you the ability to change the locks.
If he remains & she goes, you have a squatting situation which is quite difficult to resolve.
All the best and may your PM use the best negotiating skills for the best outcome.

Thanks guy, really hoping this will be resolved quickly. I'll have a read on Fair Trading and see if there are other rules that can be applied.

 

[Shovelhead]

Would asking the husband to sign a new lease be another option?

 

[EN710]

Would asking the husband to sign a new lease be another option?

I will not want him as a tenant though :-/
in my head (yes yes, perception): the person who broke laundry door to get in, made cracks on some places in the house, potential drug user, locked garage, refusing to be sensible and leave the wife alone, complaints from neighbours...NOOOO

 

[Shovelhead]

My thinking was,get him to sign a lease and get rid of him that way?

 

[EN710]

My thinking was,get him to sign a lease and get rid of him that way?

With lease, notice period is 90 days. And it still doesn't make him want to pay rent (and vacate the property after ). If anything, might as well get him out as he's not a formal tenant in the place.

 

[Shovelhead]

Ok,it was just a suggestion.I could mention other methods but that would be illegal.

 

[EN710]

Ok,it was just a suggestion.I could mention other methods but that would be illegal.

if only... need to play by the book with nsw rules or they'll side with tenants

 

[thatbum]

My preliminary view is that this could be sorted out in 10 minutes.

Your tenant (the wife) doesn't want him there. She seems content to mutually terminate the tenancy from what it seems. Certainly she is not permitting him to be there in any event

So basically you go there, preferably with her, or at least with something written from her stating the above. Then you tell the husband to pack up his stuff and get out, giving him however much time you feel like giving him. If he tries anything funny, you call the police.

This is one of the few situations where something like this is not only probably lawful, but probably the right way to go.

Anyway, your own legal advice is obviously required (although you can PM me and maybe I can help with that).

 

[EN710]

My preliminary view is that this could be sorted out in 10 minutes.

Your tenant (the wife) doesn't want him there. She seems content to mutually terminate the tenancy from what it seems. Certainly she is not permitting him to be there in any event

So basically you go there, preferably with her, or at least with something written from her stating the above. Then you tell the husband to pack up his stuff and get out, giving him however much time you feel like giving him. If he tries anything funny, you call the police.

This is one of the few situations where something like this is not only probably lawful, but probably the right way to go.

Anyway, your own legal advice is obviously required (although you can PM me and maybe I can help with that).

Yes, the Property Manager is suggesting something similar, i.e. tenant (wife) end tenancy and vacate property, if the property is not vacate by the date, we can send notice to vacate and the regular procedures - she's confirming and waiting for a call back to make sure this can be done. There will be missing rent but oh well

Are you a lawyer thatbum?

 

[thatbum]

Are you a lawyer thatbum?

Yes, and residential tenancy law and family law are 2 of my practice areas.

 

[Shovelhead]

Would getting the water,gas(if applicable) and power disconnected be another option?

 

[miss green eyes]

Would getting the water,gas(if applicable) and power disconnected be another option?

Is there really such a thing actually?
When moving in and out of properties I have always had utilities connected and disconnected in my name of course, but have never had them shut off completely (ie no water, power or gas in the house).
Is that legal? Thought it wasn't.

 

[EN710]

Is there really such a thing actually?
When moving in and out of properties I have always had utilities connected and disconnected in my name of course, but have never had them shut off completely (ie no water, power or gas in the house).
Is that legal? Thought it wasn't.

I don't think it is legal - at least borderline. Previous tenant can disconnect their account, but gas, water etc will still be connected under "dear resident". Even if it is legal, it will cost $$$ to reconnect them (thank you utilitiy companies).

 

[kathryn d]

I don't think it is legal - at least borderline. Previous tenant can disconnect their account, but gas, water etc will still be connected under "dear resident". Even if it is legal, it will cost $$$ to reconnect them (thank you utilitiy companies).

We did this a couple of years go, to a tenant who refused to pay rent, or leave.
(in Canada, but we have the issues, with regard to water accounts, except they are only permitted to be in the landlord's name)
At hearing we lost..until we appealed, and then we won.

Now, other landlords are doing the same thing and not being given any hassles.

It's not illegal, or borderline.
It's called mitigating your losses...or exercising your rights..take your pick.
The cost for disconnection was nominal..maybe $50 for us.

 

[macca446]

I'm typing on phone, so will try to be brief but still clear.
So, tenant (wife - name in agreement) separated from husband. Husband (who's seem to be on drugs) came back and live in the house. Wife moved out, son only husband in property. She want him to leave but he just doesn't.
PM went for inspection, property wasn't too bad (some cracks on the wall) and inaccessible garage. PM said Wife is fully cooperating, but just not sure whether he'll leave even if she does (she put notice today). PM is confirming a couple of rules to find out the best way to get him out.

In the meantime, any suggestions on how to handle this?

We're happy for the wife to give short notice if that's what she needs.
It feels weird as I'm currently watching breaking bad and this is like the landlord view of the scene hahaha

Do what I did,paid some very scary people problem solved very quick.
Macca446

 

[Shovelhead]

Employ kathryn d's other half,he'll sort the s**t out.

 

[Shovelhead]

I don't think it is legal - at least borderline. Previous tenant can disconnect their account, but gas, water etc will still be connected under "dear resident". Even if it is legal, it will cost $$$ to reconnect them (thank you utilitiy companies).

Is it illegal?..Is this just for NSW?..What if the wife doesn't pay the bills?

Imo it would be cheaper to disconnect/reconnect rather than have a bum tenant in place.

 

[EN710]

Do what I did,paid some very scary people problem solved very quick.
Macca446

I don't have scary people in my connections :-/

Is it illegal?..Is this just for NSW?..What if the wife doesn't pay the bills?

Imo it would be cheaper to disconnect/reconnect rather than have a bum tenant in place.

If wife don't pay bills under her name, she'll get black mark under her name. If she continues to do so, I do think the service can get disconnected (not sure, I always pay my bill).
I can't say it's illegal, just not sure what's the rule in NSW

 

[Shovelhead]

Would wife be concerned with a black mark anyway?

Anyhow i still don't get why the wife can't get the water,gas and electricity disconnected?

Wife ends lease,drop kick husband is not on lease,what am i missing here?

 

[thatbum]

Yes, the Property Manager is suggesting something similar, i.e. tenant (wife) end tenancy and vacate property, if the property is not vacate by the date, we can send notice to vacate and the regular procedures - she's confirming and waiting for a call back to make sure this can be done. There will be missing rent but oh well

I didn't say anything about a notice to vacate or the regular procedures.

This is one of the few situations where you can probably just take back possession without a court order.

So what's with the reluctance to move along those lines?