Kia ora! I am head tenant of a flat and have a flat mate on a flat/house sharing agreement. Due to circumstances I have

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Customer: Kia ora! I am head tenant of a flat and have a flat mate on a flat/house sharing agreement. Due to circumstances I have had to ask them to move out after only being in the flat for two weeks, I explicitly said in the message that I was not giving her 3 weeks notice to move out because i knew it was a shitty position for her to be in and wanted her to be able to take her time finding a new place and moving(I offered to pay for her full moving costs too) now she is saying that she is moving out in a week and she i s not giving notice and took my initial message as notice??
JA: What state are you in? It matters because laws vary by location.
Customer: New zealand wellington
JA: What steps have you taken so far?
Customer: We said we'll be having a conversation about this mis communication this weekend
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no notice was given by either party but there is a legal piece of paper signed by her stating that 3 weeks is necessary
Answered by Chris The Lawyer in 7 mins 12 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

Customer
delightful
Customer
what do you think Chris?
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Chris The Lawyer, Expert

It may have been in the agreement, but in practical terms, you cannot make her stay. The issue may be the rent you charge for the rest of the notice period. You would need to claim that in the Disputes Tribunal

Customer
this is the initial message for more context and the replies since. I'm not trying tk get her to stay. I'm trying to get her to pay the rent she owes.
Customer
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Customer
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Chris The Lawyer, Expert

If you cannot agree on the notice issue after a meeting in person, then you would need to claim in the Tribunal. There isn't a prescribed period of notice for flatmates, although you did ask for 3 weeks. It is a contract, so if you can prove a term of the contract was 3 weeks notice, and that by not giving that notice you have suffered loss, then you could claim the two weeks additional rent

Customer
this?
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Chris The Lawyer, Expert

You can use that to try to get the two weeks rent in the Tribunal

Customer
how likely do you think it is that i would get the two weeks rent in the tribunal, based on e erything you've seen here?
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Chris The Lawyer, Expert

The Tribunal often tries to reach a compromise

Customer
ok, thanks
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Chris The Lawyer, Expert

If you have any other questions, please ask me – I’ll be happy to respond. Thank you

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