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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5599
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My son has been living with two friends, one of the friends

Customer Question

My son has been living with two friends, one of the friends is the lease holder of the property and he is named as an occupant on the tenancy application. There are not other written agreements in place. Verbally it was agreed that he would rent a room in the house and a have access to all public areas.
Last week the girls gave him notice to leave verbally, again nothing in writing. He agreed that he would leave in two weeks once he had time to find a new home and pack his things up. On Sunday they locked him out of the premises and refused him entry, there was an altercation and the police were called. He left peacefully but has now been told by the girls that he may only enter on the 21st January to collect his things.
The girls are now away on holiday and have instructed their friends who are house sitting to call the police if my son tries to gain entry to the premises.
My question is;
Is he a sub-tenant or renter and does he have the right to stay at the property until the end of the agreed period as he is now homeless?
The girls were advised by a police officer that he is only an occupant and they are within their rights to just throw him out, is this correct?
He is living in Perth, WA.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

If there is a restraining order in place stating that he cannot attend the premises, then he cannot attend.
They do have the ability to have him removed as they are on the lease, he also agreed to leave the premises in any event.
He should attend the premises on 21 Jan 16 with police to have the items removed.

Customer: replied 1 year ago.
I still don't know if he qualifies as a sub-tenant or renter, in any case I thought he has to be given a reasonable length of time to move out according to the dept of Commerce? There are no restraining orders or eviction notices in place? Again he is listed on the tenancy application as an occupant.
Expert:  Daniel replied 1 year ago.

Apologies, I had thought there was a restraining order due to the altercation and the police being involved.
Accordingly, he has the right to attend the premises on a mutually convenient time. 21 Jan 2016 should be suitable?
In respect of the matter, 14 days is reasonable and in any event he has agreed.

Customer: replied 1 year ago.
He has agreed to move out by the 25th January and was supposed to live there until that date. My question is does he have the right to stay at the property while he is getting his stuff ready to go as he is otherwise homeless?
Expert:  Daniel replied 1 year ago.

Yes he does have every right to reside there till that date.
it is more than reasonable.

Customer: replied 1 year ago.
Thank you for all your help.
Expert:  Daniel replied 1 year ago.

all the best, ***** ***** feedback / click ACCEPT

Expert:  Daniel replied 1 year ago.
Expert:  Daniel replied 1 year ago.
Customer: replied 1 year ago.
my son has moved his things out from the property and didn't go back. The two girls are threatening to take me to court for non payment of his rent. We sent them a letter stating that we would pay for the days he was there less an overpayment in his bond and less two weeks for not giving reasonable time to find elsewhere to live. Does this seem reasonable? We have also said they can keep the bond to cover some damage to a door in the house.
Also they have been away to Bali and have had other people staying at the house. They are saying that my son stole a ring. Myself and my husband were with him when he cleared his stuff and has't taken anything that didn't belong to him. The girls are threatening to prosecute for theft.
They are saying that they will destroy me with the full weight of the law! What can I do legally?
Expert:  Daniel replied 1 year ago.

They have asked him to leave, all that he needs payment for is the days 'used' which was canvassed in the letter in any event.

In respect of the ring, clearly they will need to go to the police, but if he is charged, all he can do is defend the claim, using both you and your husband to give evidence that he did not steal anything.