Husband who's not in rental agreement refused to leave

E

EN710

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
 
EN710 said:
In the meantime, any suggestions on how to handle this?
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You might end up with a whole fresh set of problems though, hahahaha.
 
Mr. Fabulous said:
You might end up with a whole fresh set of problems though, hahahaha.
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I thought the bikies has been booted to gold coast? Some still left in Nsw? :confused:
Oh well haha, this is a serious as tho, I just don't like to think about it as it can get me too stressed, hence trying to see the funny side :D
 
The wife who holds the lease is the one that has to call the police and have him removed and continue to do so until he gets the message or she has a court order that works.
 
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chilliblue said:
The wife who holds the lease is the one that has to call the police and have him removed and continue to do so until he gets the message or she has a court order that works.
If
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She tried apparently, and the he broke the laundry door to get back in (she'll be the one who need to fix that) . Issue is that she allowed him in for once, so police don't want to do anything, and that they're still legally married. I think the main issue is that we can do things by the book and he will still choose to broke in and stay :(
 
The police can get an AVO against him if he has done something that has made her feel unsafe (like break into her house)...

If there is domestic violence he can also be removed under those rules/laws.
 
In NSW someone who takes out an AVO can break the lease on 21 days notice without penalty OFT Linky

Breaking the agreement without penalty
In limited circumstances you can break the agreement early without penalty. You can give 14 days written notice to end an agreement early if:
you have accepted an offer of social housing (eg. from Housing NSW)
you need to move into an aged care facility or nursing home (not a retirement village)
you have obtained a final apprehended violence order against somebody you were living with that excludes them from the property
the landlord has put the premises on the market for sale, and you were not told before signing the lease that the property would be sold.
You can give 21 days written notice to end an agreement early if:
you have a fixed term agreement of more than 2 years and you have been given a rent increase notice or
your co-tenant passes away.
If you give notice for any of these reasons you are able to end the agreement early without having to pay any compensation or other costs to the landlord. You are only liable for the rent until your notice ends and you hand back possession of the premises.
 
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 had a similar situation about 4 yrs ago where the husband was on the lease and his wife moved back in. He gave notice and moved out and she refused. I ended up taking her to the CTTT for immediate vacation/move out. The member told her she had no right to stay, as not on the lease. Move out or a warrant will be given for a sherriff to lock her out. She moved out within a week as agreed at the CTTT.
 
We have issued several PPA (Protection Property Act) forms to people who are not permitted on our properties.
This year it was a friend of a tenant, but generally we use it for tenants we have evicted.

You may have something similar there.
Basically it is like a No Tresspassing.
If they are come back, you call the police and tell them about it, and that person is arrested.

Since he is not on the lease, as a tenant or a resident, he has no right to be there.
 
whiteduck said:
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?
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Not sure, but I'll ask.

Salvatore1 said:
I had a similar situation about 4 yrs ago where the husband was on the lease and his wife moved back in. He gave notice and moved out and she refused. I ended up taking her to the CTTT for immediate vacation/move out. The member told her she had no right to stay, as not on the lease. Move out or a warrant will be given for a sherriff to lock her out. She moved out within a week as agreed at the CTTT.
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I hope it'll be about that easy for this one, except the problem is the male who is very possibly destructive :(
 
Lodge the matter asap with NCAT and get a termination date. If still not out then apply for a warrant and then get the sherriff to move him out. Don't you do it!! They will also involve the police. It may take a few weeks but at least you will have your place back. He may even move out if he knows the sherriff and police will get involved.
 
thatbum said:
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.
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Agreed thatbum,
It's also not the tenant putting on the PPA, it is the LL, who is trying to protect their property from further damage..since he likes to break down laundry doors, it seems.
 
Scott No Mates said:
In NSW someone who takes out an AVO can break the lease on 21 days notice without penalty OFT Linky[/

If you give notice for any of these reasons you are able to end the agreement early without having to pay any compensation or other costs to the landlord. You are only liable for the rent until your notice ends and you hand back possession of the premises.
Click to expand...


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.
 
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