A homeless person who is sleeping rough in your home is not a good tenant.
In order to prevent a homeless individual from becoming a potential problem, a housing developer should be able to evict them.
You should ask the housing developer about the eviction rights of any tenant who has moved into a vacant property and is living in the home as a result of being homeless.
For more information on eviction rights, see our eviction rights page.
As a landlord, you have the right to evict tenants for:The first time a landlord or tenant enters into a tenancy agreement with a tenant, the tenant has the right:to a final decision, in which the landlord will decide whether the tenancy is still valid or is terminated or is subject to termination, whether the tenant is entitled to rent, and what the terms of the tenancy will be.
The tenancy agreement must also include the following:A list of any conditions the tenant may have been given, including conditions that relate to health and safety, hygiene, and maintenance, and conditions that the tenant agrees to in the tenancy agreement.
The terms of any written or oral agreements the tenant makes with the landlord.
The date and time of any notice to quit, including if the notice is sent by the landlord, the landlord’s agent, or an authorised person, or the landlord has a right to terminate the tenancy.
The number of days the tenant must stay in the dwelling.
The length of time the tenant remains in the premises.
The conditions of any tenancy agreement between the tenant and the landlord and any other relevant person.
The landlord must give you a written notice if you have a tenancy dispute with a landlord.
You must give the landlord a written decision within 30 days after receiving your notice of intention to terminate a tenancy.
If you are the landlord of a premises, the notice must be given to the tenant as soon as reasonably practicable.
You must also give the tenant a copy of the decision within three days of receiving your decision.
A notice of termination must include:The date the notice of intent to terminate is given and a statement that if the tenancy continues or is to continue, the following matters apply:A statement of your reasons for terminating the tenancy;A statement that you will not seek any court orders or any other remedy;and the termination notice must state the date the tenancy terminates and the period for which the tenancy remains valid.
A statement from the landlord stating whether the notice was given on time and that the notice will be considered in relation to any future eviction proceedings.
If the notice to terminate was not given on the date it was given, the termination date must be the date you receive the notice from the other party.
If your notice to vacate is given later than the termination day, the period of time to give notice of the termination is extended.
You can apply to the Tribunal for an order that allows you to terminate or terminate the current tenancy for a period not exceeding 30 days.
The notice of intended termination must be sent to the landlord by registered mail or delivered by registered courier.
A letter of notice must also be sent, within 10 days of the date of the notice, to the other parties, including a copy to the person to whom the notice has been sent.
The person to whose notice of intentions has been given must, if the eviction process is ongoing, give a copy as soon after receipt of the letter as reasonably possible to the Director of Housing and Community Services.
You should give the person with whom you are dealing a copy immediately to the housing association or a local authority if they have an interest in the property.
The decision of the Tribunal is final.