The person I'm living with is trying to force evict me (please help)

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Gumbootcitynz

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Wannabe Geek

Topic # 248009 6-Mar-2019 18:11

I live in my families homestead at Nana's old house with my father but the property belongs to my uncle and we both don't have tenancy agreements and we have to just pay the rates which I do every week.

My father is now forcing to evict me even though I am keeping up with the rates and keeping the section and house superclean aand tidy and my uncle wants me to take over and have my father evicted what I want to know is do I have any legal right against being evicted.

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Webhead
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Reply # 2192467 6-Mar-2019 18:29

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INAL, but I would think the one with the power to evict would be your uncle, if he owns the place.

For legal advice you might want to contact the Citizen Advice Bureau, they provide free legal services.

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nathan

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Reply # 2192472 6-Mar-2019 18:40

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Technically if your uncle owns the house its his decision

Family arguments suck dude, good luck, and try to sit down and work it out.

Linux

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Reply # 2192481 6-Mar-2019 18:52

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And the reason why your uncle is trying to evict you?

Gumbootcitynz

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Wannabe Geek

Reply # 2192513 6-Mar-2019 19:48

Its my father trying to evict me not my uncle. I have simply been asked by my uncle to take over the property and my dad doesn't want me being in charge basically. He drinks heavily and just makes big messes and doesn't clean at all so I have to. He has threatened to get the police to remove me from the property if needed and I don't know anything about tenancy laws. Am I screwed

lNomNoml

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Reply # 2192514 6-Mar-2019 19:52

Tell your uncle

Linux

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Reply # 2192517 6-Mar-2019 19:57

He can't evict you only your uncle can

surfisup1000

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Reply # 2192518 6-Mar-2019 20:05

Your father has no legal authority to evict you.

Does the uncle side with you , or your father?

Tough situation, I guess you aren't financially able to move out, it does't sound like the healthiest environment.

irongarment

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Reply # 2192524 6-Mar-2019 20:18

Gumbootcitynz: Its my father trying to evict me not my uncle. I have simply been asked by my uncle to take over the property and my dad doesn't want me being in charge basically. He drinks heavily and just makes big messes and doesn't clean at all so I have to. He has threatened to get the police to remove me from the property if needed and I don't know anything about tenancy laws. Am I screwed

If you don't know anything about tenancy laws now's the time to start. Call or visit a Citizen's Advice Bureau. Chat to your local policeman to find out if he is under any legal obligation to remove you if asked (or under what circumstances he would be). That might put your mind at rest.

If you are being abused (which you haven't mentioned or implied, but I suppose it's a possibility) then call the Samaritans or other helpline.

DjShadow

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Reply # 2192527 6-Mar-2019 20:29

Seek legal advice, I've been in a situation before where we were on a hand-shake agreement in a rental then asked to move out at short notice, then when seeking legal advice that parts of the Tenancy Act still applies with no formal agreement in place.

gehenna

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Reply # 2192530 6-Mar-2019 20:32

Only the owner of the property with whom you have an agreement can evict, and in the absence of a tenancy agreement they can do so whenever they want. But "flatmates" can't evict.

Gumbootcitynz

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Wannabe Geek

Reply # 2192532 6-Mar-2019 20:34

My uncle is on my side thanks everyone think I might do some reading on it tonight many thanks

gehenna

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Reply # 2192536 6-Mar-2019 20:37

Unfortunately without a tenancy agreement you have no rights as a tenant. It's down to the personal relationship.

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Reply # 2192546 6-Mar-2019 20:43

Gumbootcitynz: My uncle is on my side thanks everyone think I might do some reading on it tonight many thanks

Your Dad had no legal right to evict you

networkn

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Reply # 2192549 6-Mar-2019 20:49

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gehenna:

Unfortunately without a tenancy agreement you have no rights as a tenant. It's down to the personal relationship.

I am not sure that is entirely correct. Is it not a case that in the event of no tenancy agreement the default agreement is in place?

MikeB4

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Reply # 2192551 6-Mar-2019 20:51

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A tech site is not the place to seek legal advice, you should see a lawyer or Citizens Advice

Mike
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Using empathy takes no energy and can gain so much. Try it.

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