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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Leon I have a abusive lodger in a share lodging house.

Customer Question

Hi Leon
I have a abusive lodger in a share lodging house. He assaulted me last Sunday 3/5/15. I reported this to the police. He has signed a "share house lodging agreement" among other thinks it states "it is further recognised by the lodger that the Owner/Manager has the ABSOLUTE RIGHT to terminate this lodging agreement at any time (with or without notice) and for any reason"
It also states "The lodger acknowledges receiving and agrees with the House Rules, and as amended from time to time and accepts them as a condition of continuing occupancy"
These House Rules states "The manager or his Agent can enter your room at any time - night or day - with or notice to check on any matter as is required"
After the assault I gave him a written letter to vacate the room & house within 7 days - specifically Saturday 9/5/15 by 2pm.
I didn't receive any answer. On the Saturday I first when to the police who said they would attend to keep the peace only not to evict him. They couldn't give me a time!! I when myself & he was not there so I changed all the codes on my digital locks so he could no longer gain access. I notified him, of the code change, by phone twice (left message as he didn't accept my call) & one phone message.
I when back to the police station & told the same constable that I had changed the codes.
On arriving home he had send me an email at 1.55pm !! This said he would not be leaving as he stated "his home"??!!
I answered this email stating he had no choice in the matter & the locks had been changed & if he wanted to talk to me then ring me.
He answered & stated "I am not in a position to call or send a long email. I demand that you change back the codes so I can enter my home tonight
I answered " You are not n a position to demand anything & the police are aware that I have changed the codes. Please ring me to organise a swap of my property (Keys etc) for his property including his security deposit. This was Saturday night & since then I have had not contact with him. He didn't try to enter the house on Saturday or Sunday.
I have, today, been to the local court to get an eviction notice but they say it's not in their jurisdiction. I rang Law access & although helpful they said it's ( AS I KNOW!!) not under the Residential Tenancy Act (NO LEASE) & not under the Boarding house realm but could be under NCAT.
I rang NCAT they tell me it's not under their jurisdiction??
So it seems it's not under anyone jurisdiction??
He would be now trying to see if he can legally get in? I want to swap his property for mine (i.e. get him to pick up his clothes, plus I will return his security deposit etc ) for my keys & for him to move on...
How can I enforce this??
I don't really want to move his property out myself?? But can I, after giving him say 7 days, just take it out i.e. all care no responsibility?
Please let me know?
Thks & Rgds Jim
Name Jim Godworth
phone 0434 507 696
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You have to sue him in the local court and get an order from the court to enforce the notice.
Once you have that order then the Sheriff will evict him.
You risk being sued for any damage to his property. You have no rights to move it without his consent. So you have to get the court order.
You can be sued for his property being damaged or stolen.
I hope this makes sense and is of assistance?