On behalf of my Aunt I need need advice on a tenancy matter it is complicated and I would like to speak to someone on a

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Customer: I am EPOA on behalf of my Aunt I need need advice on a tenancy matter it is complicated and I would like to speak to someone on a personal basis. Thanks
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: The property is situated in Tokoroa,
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: My brother has been living in the property for five- six years or more rent free also my Aunt has been paying the fixed out goings, rates and insurance etc, my brother the tenant owns his own property mortgage free just down the road he has been informed that our Aunt has been admitted to a care facility (Dementia) and her property needs to be sold I am having trouble getting an answer as to when he will be moving out dso that
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes I am just typing it,
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

If there is no tenancy agreement and he is just squatting, then you could just give him a trespass notice and tell them to leave. If you think there might be problems, and he claims to be a tenant, you could put the property on the market and give him a 42 day notice under the Residential Tenancies Act to vacate

Customer
Hi I was told by Tenancy Services that if my brother is a relation of my Aunts, Nephew Niece Cousin etc which he is then he is able to stay in the house, if we try to charge him rent in view of the fact that he has lived in the house for some years then the situation remains the same, he doesn't have to pay, and is able to stay put, this cannot be correct , also found out today that the house that he owns is going on the market for sale so that when sold he will have nowhere to go, he claims to be an invalid which he is not but he is 72yrs and does have a bad leg, smokes and drinks every day.
Regards
Pat
Customer
I forgot to ask does section 54 of Residential Property Act apply if the tenant (squatter) is a member of the family, nephew, and if he has occupied the property rent free for several years.?
Thank you.
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Chris The Lawyer, Expert

That does not affect the section and the way it is used
Customer
Thanks Chris, have been in Putaruru moving Aunts furniture.
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