Excuse me, I am a landlord. I rented my rooms separately. I am not living at the house. I made an mistake that I signed

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Customer: Excuse me, I am a landlord. I rented my rooms separately. I am not living at the house. I made an mistake that I signed flatmate agreement with the tenants. Could the Tenrants not pay the rents for this reason? Thanks
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Milford North Shore
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Just three weeks notice. Not fixed term
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No at the moment
Answered by Chris The Lawyer in 22 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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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 your question
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Chris The Lawyer, Expert

This is likely to be a boardinghouse rather than a standard tenancy and different rules apply. You should get the tenants to sign a boarding house tenancy agreement. But they should be still paying rent and if they do not, you can give them notice
Customer
Thanks Chris! my house is three bedrooms house. A tenant who already moved out put me to the hearing. It looks like I need to pay him back his rents because I signed the flatmate agreement with him. could I email you the result of the hearing? thanks
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Chris The Lawyer, Expert

You can attach it to this app but delete names
Customer
File attached (MM5GZMZ)
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Chris The Lawyer, Expert

I see the problem you are facing. You will need to explain why you used a flatmate agreement when you were not living there and if you can, explain that you thought this was legal
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Chris The Lawyer, Expert

But you do need to expect the adjudicator may make you repay the rent because the flatmate agreement was the wrong way to let this property
Customer
Thanks Chris!In the phone hearing, I explain that I was thinking to use a room in the future, so I use flatmate agreement. I don't know flatmates still need tenrant agreement until I called tenrant service when that flatmate wants to put me to the hearing. if the flatmate agreement was wrong, does the tenrant also need to respond for that? I also heard about that oral agreements also have the force of law when landlord rent the house.
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Chris The Lawyer, Expert

That explanation may work and perhaps explain you are not familiar with New Zealand tenancy law but apologise for using the wrong form. The issue is not a oral agreement but using the wrong sort of agreement
Customer
Thanks a lot! I will explain to the adjudicator in the rehearing!
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