PRTB AdjudicationHearing Date advice for Landlord

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Clara16

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Tring to get advice for a friend.

She rented out family home 2 bed apartment in June 2016 they could no longer afford to live in it with high mortgage and moved in with her parents to get some savings for 12-24 months.

Rented out to HAP tenant who came from bedsit, friend was slightly naive first time landlord and really thought she was doing something good to help out a young mother ‘homeless’

Since July 2016 she has had problems with tenant, antisocial behaviour, tenants partner turning up, shouting abuse and smashing up toys outside apartment. Litter, items broken or smashed in the apartment.

There have been 5 complaints and video footage (video are of a violent nature but hard to prove it is her partner) sent to management company which she has copies of and the management company have asked for tenant to be removed.

Tenant was given notice to leave Nov 2016 and begged not to be made homeless for xmas with her child. My friend agreed she could stay until 13 Jan 2017. Tenant is now overstaying and refuses to leave.

Tenancy was registered with PRTB and I helped her raise an adjudication hearing. She has got a hearing for letter next week. All evidence has been submitted to PRTB.

Now I don’t think my friend issued all notices correctly. She has sent notice of termination and anti-social behaviour notices, and has photograph tenant holding letters. She has a signed letter from tenant agreeing to leave on 13th Jan, but I think she failed to give her a copy.

Any advice on how this adjudication hearing will go? I feel really sorry for my friend, she and her husband work full time and can’t afford to live in apartment and thought they were doing the right thing renting it out for 2 years. Her Dad died very unexpectedly Christmas 2016 which is why I think she has handled this badly.

Tenant is saying she knows her rights and is being bullied and refuses to leave.

anyone any experience with adjudication good or bad?
 
Hi Clara

Sorry to hear about your friend's difficulties.

Could you tell us why you think the termination notice might be invalid? Ultimately that's what the RTB adjudicator will have to determine but if you think there might be an issue with the notice it might affect how your friend should present her case at the hearing.
 
thanks Sarenco, she sent a notice of termination on 23/02/2017 correctly as she got it from PRTB website. she didn't sent it by registered post but hand delivered to tenant and took a photograph of her holding it, - could this been seen as bullying the tenant is referring to.

I am not sure how she sent notices previous to this one. she had the tenant sign a hand written letter in Nov 2016, but I am not sure this one is done correctly. She then sent a notice of anti social behaviour in March after complaints from the management company re the tenant, does this confuse the final termination letter of Feb.

I also think the videos and noise complaints are difficult to prove in apartments so close to each other. my friend seems very disorganised as to when she sent each letter and without proof of postage I am worried things will not go her way,
 
Hi Clara

The sole issue that the adjudicator will determine is whether or not the notice of termination was valid.

There is no requirement under the legislation to issue a termination notice by registered post. Hand delivery should be fine. Taking a photograph of the tenant with notice in hand is unnecessary but it hardly constitutes bullying.

I think your friend would be well advised to write out a detailed chronology of events that she can refer to at the adjudication hearing. It is perfectly understandable and reasonable to try and resolve these issues informally at the outset but when taken together it starts to paint a picture. She should try to be as specific as possible as to when complaints were received, warnings issued, etc. Stay calm and stick to the facts.

Hope that helps.
 
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