请问flatmate拒绝搬家时该用那条法律？（已经回答）

sunray

What can a tenant do if a flatmate refuses to move out the property after resonable notice?
The tenant is the only one sign rental agreement with landlord/agency.
The flatmate has sign flat agreement with ongoing basis which can be terminated by either party.
The flatmate is not pregrant, disabled or anything affects his/her mobility.
No violence is involved.

I am considering either Trespass Notice or Restraining order. The former one seems more effective and faster.
Would you please advice me the appropriate approach please?

justsomeone1210

flat agreement with ongoing basis which can be terminated by either parties means the tenant at the time of wanting the flatmate to leave would have unilaterally ended the agreement, given he/she had given reasonable notice. the facts that the flatemate is freely to move and no violence involved counts towards the reasonableness requirement for the tenant's request.

If this is the case, s 4 of the trespass act may apply, but i'm thinking of evictment...restrain order's more to do with objects staying on your land not persons i think...

sunray

ok thx for the advice

AMICUS_LAW

两个都不是，您应该给对方一个Evacuation Notice, 根据Residential Tenancy Act 的表格出就好了。

如果对方拒绝，在Tenancy Tribunal解决问题。

justsomeone1210

Feels like this is more of an exam question rather than your real situation, but I guessAMICUS LAW is correct, s 51 of the Residential Tenancy Act 1986 allows you to terminate the tenancy agreement but you must give written notice to the tenant. If he remains in the premises then s 60 applies and you can get a possession order to get them out of the premises but if you had not done so for more than 60 days after the termination of the tenancy agreement or did nothing for 90 days after obtaining the posession order then you are deemed to provide a periodic tenancy agreement.