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  Reply # 2192719 7-Mar-2019 00:35
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@Gumbootcitynz The Residental Tenancies Act doesn't apply to renting from family members. And since you only pay the rates (and not rent) It shows that neither party intended a residential tenancy to occur. So there are no ”default” tenancy rules in your situation.

But the Tenancy Tribunal still has the power to issue eviction orders (even when no tenancy exists). So you and your uncle just need to submit an application to the Tenancy Tribunal. And when you get the eviction order, get the Police to help enforce it.

If your personal safety is immediately threatened (domestic violence) Call the Police!!!

The Police have the power to issue on the spot protection orders. Which would force the father to immediately move out of the house. And yes, they will issue and enforce such orders for male vs male and female vs male (either direction) domestic violence.

After the Weatherston court case (that prompted the government to remove the defence of provocation). The Police now have to treat all domestic violence cases very seriously. Not just male against female cases.

Still go and see Citizens Advice Bureau. As they can arrange free short meetings with a lawyer. As I'm guessing that there might be some sort of challenge to the ownership of the house. However assuming that the uncle is the only person named on the title. Pretty much the only way for the father to challenge that is to prove in court that the uncle acquired title to the house via fraud.





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  Reply # 2192720 7-Mar-2019 00:48
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Keep us all up to date. Rent issues would be difficult, but when thats intertwined with family, that really ratches it up a lot. 

 

Good luck.


 
 
 
 


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  Reply # 2192722 7-Mar-2019 01:06
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Disclaimer: I am Not a lawyer. And what I said is Not legal Advice.





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  Reply # 2192765 7-Mar-2019 08:50
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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 don't think that is right.

 

IANAL, but I was under the strong impression that in the absence of a signed tenancy agreement, the landlord is the one who is liable and the tenant is afforded the right as if a 'standard' tenancy agreement is in place (so, 42 days notice if the property is being used by the landlord, 90 days otherwise, the right to quiet enjoyment, rights not to have the Landlord just show up for an inspection etc.)

 

 

 

Edit: Just read through @Aredwood's post, if you aren't paying rent, then maybe that does change things, but still, it doesn't sound like your father can evict you.

 

If you feel threatened, however, as others have said, please go to the Police.


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  Reply # 2192767 7-Mar-2019 08:55
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It might be a common law case, Torts. But as stated, this is not the place for legal advice


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  Reply # 2193091 7-Mar-2019 15:23
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I wonder if signing a tenancy agreement with your uncle might be a good idea? It doesn't seem that it's entirely necessary, but might provide some clarity of your arrangement. Just thinking out loud here.


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  Reply # 2193112 7-Mar-2019 15:58
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Journeyman:

 

I wonder if signing a tenancy agreement with your uncle might be a good idea? It doesn't seem that it's entirely necessary, but might provide some clarity of your arrangement. Just thinking out loud here.

 

 

 

 

Yep it seems good and safer idea. If you have an agreement in place your dad can't evict  you.


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  Reply # 2193157 7-Mar-2019 16:20
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Not that his dad can evict him in the first place, mind you. But it means that his occupancy of the dwelling (big words, but not a lawyer) is formalised with his uncle. It may come in handy right now, it may also prove useful further down the track.


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  Reply # 2193191 7-Mar-2019 18:57
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Journeyman:

 

I wonder if signing a tenancy agreement with your uncle might be a good idea? It doesn't seem that it's entirely necessary, but might provide some clarity of your arrangement. Just thinking out loud here.

 

 

This is a great idea, would only take 10 minutes. Rent could be $1 per week, bond 2 weeks rent.

 

 

 

 








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  Reply # 2193200 7-Mar-2019 19:52
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Rent and bond could zero even. Not a lawyer, I'm not aware of a legal requirement to charge rent and bond - only a limit on how many weeks rent the bond will equate to. Some people get free rent in exchange for services rendered.

 

The tenancy agreement could - as far as payment goes - be along the lines of "just pay the rates, cheers".

 

 


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  Reply # 2193226 7-Mar-2019 20:46
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The Citizens Advise Bureau is a possibility for advice, but in my experience they are hopeless.

A far better option for free legal advice is a community law center. http://communitylaw.org.nz 





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