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Termination for anti-social behaviour

With no-cause 90 day terminations a thing of the past, it is now undoubtedly more difficult for landlords to see the back of anti-social tenants.

But there is a new method of termination you can use.

Legal Authority

Under the new section Section 55A, if the tenant commits three acts of anti-social behaviour in 90 days in a periodic tenancy, then the landlord can apply to the Tenancy Tribunal for termination.

Anti-social behaviour is defined and includes: “harassment or any other act or omission (whether intentional or not) if the act or omission reasonably causes, alarm, distress, or nuisance that is more than minor”. 

Example 1

In a recent Tenancy Tribunal order, anti-social acts committed by a tenant that ultimately led to termination included:

Screaming, yelling, swearing, slamming doors, arguing, playing loud music, glass breaking, stomping in the house and fighting in the streets.

Example 2

In another recent order, anti-social incidents that led to termination included:

Playing loud music, swearing, police attending for a domestic incident and verbally assaulting a neighbour.

Burden of proof

The section says that the burden of proving the accuracy and validity of each “notice” lies on the landlord not the tenant.

Since “anti-social behaviour” can be contentious, it is up to the landlord to provide sufficient evidence.

So, what are some examples of evidence you could collect for anti-social behaviour?  What are some common mistakes landlords are making under this section? And what is the best practice protocol you should follow when issuing these new notices? Watch the full training Snippet in Total Tenancy.

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