- The old adage that ‘possession is 9/10ths of the law’ is borne out by some recent cases of lodgers refusing to budge.
- The owner can apply to NCAT for an order for termination of a ‘residential tenancy agreement’, which may be met with a life tenancy claim and lodgement of a caveat on title.
- Otherwise, or following that, application must be made to the Equity Division of the Supreme Court for a declaration of the termination of some form of life (or lesser) interest and a writ of possession.
There have been a number of recent decisions about people who have come upon hard times, a friend or relative has given them shelter, and then, after a while when they should be back on their feet, they just won’t leave. What is the homeowner to do? This article examines some key hurdles you might encounter in such a case.