Notice of Termination to Tenant

[Pearl]

My tenant (or I should say a dependent of my tenant) has a history of ASB (seriously destructive behavior in common areas of a MUD). I sent a warning letter last year which ticks all the compliance boxes and am about to send a notice of termination based on another recent incident involving destruction of common areas. The incidents referred to in both letters were captured on CCTV. The termination letter also ticks all the compliance boxes. Before I proceed with notice of termination, is there anything I need to consider? I am aware that the tenant could raise a case with the RTB and could drag whole process out until I get a court order. DCC pay the rent to me for this tenant, so rent is paid on time, and will continue to be paid as long as tenant remains.

 

[NoRegretsCoyote]

You mention "warning letter" but it's not clear what you actually said. The RTA obliges you to warn the tenant that they are in breach of responsibilities, and then threaten to terminate the tenancy if the failure is not remedied within a specific timeframe. Only then may you proceed to terminate.

1. The tenant has failed to comply with any of his or her obligations F72 [ (other than the obligation to which paragraph (a) of section 16 applies) ] in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—

( a) the tenant has been notified F73 [ in writing ] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and

( b) the tenant does not remedy the failure within that specified time.

This letter should have used language identical or similar to Section 16 (f):

In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

( h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,

So in your case your "warning letter" should have said something like: "You are in breach of your tenant responsibilities by allowing your dependent to behave in an anti-social fashion within common areas of the MUD. Please instruct him to not do this again within 28 days. If this behaviour is repeated it will result in termination of tenancy."

 

[P O Flaherty]

Having read many RTB decisions, I don't think I have ever seen one where the RTB has accepted an eviction based on anti social behaviour. The standard of proof required is high to impossible.

My understanding is that as the RTB is not a criminal court it will not accept responsibility for a decision that someone has committed a criminal act.

 

[NoRegretsCoyote]

Having read many RTB decisions, I don't think I have ever seen one where the RTB has accepted an eviction based on anti social behaviour.

The precise search term "anti social behaviour" brings up 240 adjudication orders and 121 tribunal orders.

I looked at a few tribunal orders and, you're right, in all cases the RTB rejected landlord claims.

This shouldn't stop the OP trying though. The tenant might not go to the RTB.