The law allows that If the tenant demonstrates 3 anti-social behaviors within a 90 day period, the landlord can apply to the tenancy tribunal to end the tenancy. Application must be made within 28 days of the last notice)
However it is important that you know what to do and exactly how to give notice if you want to rely on anti-social behavior to end a tenancy. The devil is definitely in the details.
Here is the protocol you should follow to succeed under the new anti-social behaviour section.
If there is an alleged anti-social incident at the tenancy, firstly collect your evidence.
Remember the burden of proof is on you.
Then fill out the anti-social notice.
Please be very careful to fill out the notice correctly. Failure to do so will have consequences for your application.
When filing in the notice letter, you need to indicate whether the alleged incident is harassment, has caused alarm, distress and nuisance. You can choose more than one if applicable and definitions are given in the legislation.
Other than this level details, there are two important factors:
- This termination method can only be used for periodic tenancies NOT fixed term tenancies
- You must not date your 3 notices on the same date. The intention behind 3 notices within a 90 day period is to give tenants an opportunity to either appeal or correct their behaviors. Dating 3 notices on the same date is not in alignment with that intention.
The law is getting more and more complicated. Why would anyone manage their own rental properties? Leave it to the professionals. Call Uno Property Management Today!
