How to evict a housemate, and other sharehouse dilemmas

What's the worst thing your flat mate has done? Late night parties? Wearing your clothes? Drinking the last of the milk? Not paying rent?

Sharing a house is considered a rite of passage for young people.

But if your flatmate isn't as cool as Rebel Wilson's - who got her a job in a major blockbuster film -  and instead fits into the 'horror housemate' category, how do you get rid of them?

First, you must know what kind of rental arrangement you have and whether you have the landlord's permission for a flatmate:

• Co-tenancy: All occupants are named on the agreement as tenants and are held jointly and individually responsible for the rent and home. If your co-tenant causes damage, your bond is at stake too.
• Sub-letting: One or more occupants are named on the tenancy agreement and then sub-let all or part of the home to other occupants. Only the 'head-tenant' or those named in the agreement are liable for any damage. If the head-tenant has a formal sub-tenancy agreement then they can be protected and recoup costs to repair damage under that agreement.
• Boarding/lodging: One person retains control over the premises and may provide services such as cleaning or meals in addition to allowing others to occupy a separate part of the home. Boarders and lodgers may not be covered by any tenancy law, but protections still exist where bond has been paid.

Whilst the thought of leaving your housemate's possessions on the front lawn and changing the locks might sound appealing, it is illegal in some states and you could be fined up to $22,000.

What then are your options?

• Speak to your housemate in a non-confrontational way. They may not realise the impact their behaviour is having on you.
• Notify your landlord and request a variation of the lease, however, if your housemate is also listed then they will need to consent which might be unlikely.
• If you're lifelong best friends and living together just isn't working, consider cutting your losses and moving out in order to save the friendship. You'll need to give notice in accordance with your lease and perhaps find a suitable replacement.
• Have a conciliation through the Residential Tenancies Authority's Dispute Resolution Service.
• If your flatmate is refusing to pay rent or has overstayed their lease agreement then issue a breach notice.
• If you've issued a breach notice and that hasn't been complied with (usually within nine clear business days) then you can issue a notice of termination which typically allows 14 days for the housemate to vacate.
• If you've followed all of these steps and they are still refusing to leave then you must apply to the Queensland Civil and Administrative Tribunal for a Warrant of Possession. There are strict time limits to do this and if they aren't complied with, you'll have to go through the steps again and issue another breach notice.

For more information contact the Residential Tenancies Authority on 1300 366 311 or Tenants Queensland on 1300 744 263.

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Alison and Jillian Barrett are both principals at Maurice Blackburn Lawyers. The Queensland sisters are experienced lawyers and passionate social justice campaigners. Alison juggles motherhood, as well as heading up a major legal practice area. Younger sister Jillian also leads a team of lawyers and sports a double degree in Law and Journalism.