Need help with how to best evict tenant who is abusive when drunk
- Thread starter Anh
- Start date
Yes, i agree, i have done a lot of research today and found the following:
- 4 or more tenants renting a room would be classified as boarding house unless it is student accommodation (meaning they are students, which is exempt from the Act)
- 5 or less unrelated tenants in one house are allowed.
There are 3 types of renting:
- Co-tenants ( all liable for the house if damaged) which i intend to do next week
- Rooming: which i currently has in place ( interestingly today i also found out that 4 of them are also students - currently enrolled at Tafe/Unis)
- Sublet: with one head tenant and other sublease tenants
Please correct me if i am wrong , to resolve my issues to either:
- resign the one lease with th 4-5 tenants and stick to 5 tenants only
- get the agent to assist with signing the one lease with the existing tenants
- get the agent to advertise and get new tenants in and manage the place for me
This will make the place a normal rental house with a standard lease to overcome issue with Council/Insurance/bank
Thank you Wylie for taking your time helping.
it's a BCC requirement, but not regularly enforced.
That may be so, but if something should happen (like a fire) and the insurer finds out, then I'm guessing there would be no insurance cover.
I would never take that risk.
I totally agree with you Wylie, especially it is a brand new house.
I am in the process of negotiating with my tenants to get them on one lease. Only 4 tenants now (after the one i evicted yesterday) and will stick with 5 for piece of mind.
I truly appreciate the feedbacks everyone given me especially Wylie as it is like a wake up call. I am more knowledgeable now than i was last week
In any bad things, there are good things that come out of it.
so - he's gone
Not yet, i asked him to leave ASAP before this Sat.
I also signed a new lease with all my other 4 tenants so i guess i have solved the problem i created for myself before ( renting by room).
I have learnt so much the last few days.
Thanks to you all for spending time and giving me advice.
I think my problem is not understanding the rules/regulations
I have also asked my other tenants (4) to sign a single lease ( which means i won't rent by the room any more). This way my understanding is that i can get around the issues with Council/Bank/Insurance. Am I correct ?
Anne[/QUOTE]
Leasing a property room by room is a massive no-no legally, and with council. Having a lease will help with things like banks and insurance.
However, a very serious flaw which I anticipate in this arrangement is, if there is some kind of dispute/ argument (which apart from the bad tenant you have avoided so far, but is unfortunately inevitable in human interaction) is that the lease document is the legally binding contract over this arrangement.
Obviously you have other verbal/ implied agreements as to how the house is run, and everybody's rights/ responsibilities.
But if it gets nasty- the lease becomes the law!
Read it with a fine tooth comb, and be so, so very careful.
I've seen it go wrong too many times here in Western Sydney!
I have also asked my other tenants (4) to sign a single lease ( which means i won't rent by the room any more). This way my understanding is that i can get around the issues with Council/Bank/Insurance. Am I correct ?
Anne[/QUOTE]
Leasing a property room by room is a massive no-no legally, and with council. Having a lease will help with things like banks and insurance.
However, a very serious flaw which I anticipate in this arrangement is, if there is some kind of dispute/ argument (which apart from the bad tenant you have avoided so far, but is unfortunately inevitable in human interaction) is that the lease document is the legally binding contract over this arrangement.
Obviously you have other verbal/ implied agreements as to how the house is run, and everybody's rights/ responsibilities.
But if it gets nasty- the lease becomes the law!
Read it with a fine tooth comb, and be so, so very careful.
I've seen it go wrong too many times here in Western Sydney!
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