Property Dilemma

[zakstoja]

My friend and his partner have been renting one of my places out
for the last 4 years in Melb which I am managing this property myself with both their names on the application.
Dilema is that they are having problems and she won't move out
as her name is on the application. He feels as though he has no option but to move out even though the rent has been coming out of his pay- one pays rent the other pays bills and food.
I have known him for about 20 years and would prefer if he was stay on (that's his preference) and for her to move out.

Normally my properties are managed by my property managers and I wouldn't get involved, but this one is personal where my friend is involved and I wish to help him.

Please help with my legal obligation as a landlord and some options.

 

[landlords.co.nz]

hmm

This sounds like its been a bit protracted...

Im not hot on the australian laws.... but in NZ you could:

get him to give (joint) notice of vacating the property...
then when that date comes, she moves out, and he signs a new agreement with only his name...
(does your agreement exclude transfer of the tenancy? could be another option)

The other option (this is a bit iffy if you use the family option)
you give notice of eviction/end of tenancy - in NZ this is 90 days (42 if required for the "landlords family")

then sign a new agreement only with him.

NB. You must have a really nice rental property, if she "will not" move out when the relationship has soured

 

[asy]

Is the property still on a lease? or has it gone to a periodic tenancy?

If it is still on a lease, there is nothing you can do until the lease is up, they will have to figure it out.

If it is periodic, then you can issue them with a 90 day, no specified reason, notice and re-let the property to your friend, as LL said.

I would not, however, try to use the family ruling with these ppl. If you use this clause and then do NOT have family move in, she will find out and likely take you to tribunal for her moving costs and rent where she is now....... It will cause you trouble.

good luck with it,

asy