Okay – so it’s past the point of no return, and you’ve tried to make it work & sort out your differences, but it's just not happening. How do you approach asking someone to leave?
- Know where you stand legally first and ask for advice.
- Try and approach them as calmly and politely as possible. Explain your reasons. If possible try not to blame the person or call names, be direct and assertive in saying why it is not working out for everyone in the house.
- Put it in writing! And keep a copy.
- The head-tenant can ask another tenant to leave if the tenant is in breach of their tenancy agreement, but you legally have to give the correct notice and follow the correct procedure. For example, a Notice to Remedy Breach may need to be given and the person given a chance to fix the situation before a Notice to Leave can be issued. A head-tenant cannot though give a Notice because of lifestyle issues such as cleaning or non payment of bills.
- If you are co-tenants it can be tricky as you all legally have the right to be there. While it is best to try and work disputes out early, if it gets to the point of no return, it may turn out that the person wants to leave also and it may be as simple as negotiating a leaving date, organising for a change of name on the lease and bond and returning the persons bond. If it is not that simple you could consider Mediation with the Dispute Resolution Centre, or seek some support or advice from the Counselling Services Welfare Officers, or International Student Advisors.
