Breach of Tenant Obligations Anti-Social Behaviour

Notice of Termination[1]

(Breach of Tenant Obligations – Anti-Social Behaviour)

Breach of Tenant Obligations on the basis of anti-social behaviour (ASB)

If a tenant breaches his or her obligations in respect of ASB under the Act, then a warning notice followed by a 28 day notice should be given. The warning notice should allow a reasonable opportunity to either remedy or discontinue the ASB if the duration of the tenancy is 6 months or more. Generally no preliminary warning notice needs to be served in respect of a tenancy if the duration of the tenancy is less than 6 months (a non Part 4 tenancy) or if the nature of the ASB warrants a 7 day notice (see note below). A warning notice should confirm that persistent behaviour of an anti-social nature will result in the termination of the tenancy.

A tenant’s obligation in respect of ASB is set out in section 16(h) of the Residential Tenancies Act 2004-2016, with a detailed definition of ASB set out in section 17 of the Act. A tenant is obliged not to behave within a dwelling, or in the vicinity of it, in a way that is anti-social. A tenant is also obliged to ensure other occupiers of, or visitors to, the dwelling do not behave within it, or in its vicinity, in a way that is anti-social.

To "behave in a way that is anti-social" means to;

(a)engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,

(b)engage in behaviour that causes, or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or

(c)engage, persistently, in behaviour that prevents or interferes with the peaceful occupation

(i) by any other person residing in the dwelling concerned, of that dwelling,

(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or

(iii) by any person residing in a dwelling ("neighbourhood dwelling") in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

There is no requirement to provide a warning notice where the alleged anti-social behaviour equates to (a) or (b) above or where the behaviour threatens the fabric of the dwelling or the property containing the dwelling. In such an instance a 7 day notice of termination may be served. Note that, in circumstances where a landlord is seeking to terminate a tenancy by providing a period of 7 days notice, a high burden of evidentiary proof may be required to show that such a 7 day notice period was appropriate having regard to the circumstances.

STEP ONE: SAMPLE WARNING NOTICE FOR ANTI-SOCIAL BEHAVIOUR

To: [Insert Name]

As tenant(s) of [Insert Dwelling Address] I am permitted, as your landlord, to serve the following notice on you. In accordance with section 16(h) of the Residential Tenancies Act 2004-2016 you are obliged not to behave within the above dwelling, or in the vicinity of it, in a way that is anti-social. You are also obliged not to allow other occupiers of, or visitors to, the above dwelling to behave within it, or in its vicinity, in a way that is anti-social. In accordance with section 17 of the Act to "behave in a way that is anti-social" means to;

(a)engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,

(c)engage, persistently, in behaviour that prevents or interferes with the peaceful occupation

(i) by any other person residing in the dwelling concerned, of that dwelling,

(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or

(iii) by any person residing in a dwelling ("neighbourhood dwelling") in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

As landlord of the dwelling I am required by the Residential Tenancies Act 2004-2016 to enforce the tenant obligations applying to you. [INSERT DETAILS OF ALLEGED ANTI-SOCIAL BEHAVIOUR]

Persistent behaviour of an anti-social nature will result in the termination of your tenancy. If, within a period of XX days (if a time period is inserted it should be reasonable and appropriate to all the circumstances of the tenancy in question), this or any other form of anti-social behaviour recurs or is engaged in by you or your visitors or other occupants of the dwelling, take note that I am permitted to immediately proceed to terminate your tenancy and will accordingly, if such behaviour occurs, serve Notice of Termination on you.

This warning notice is served on XX/XX/XXXX.

Signed:

______

A. N. Other

Landlord

STEP TWO: SAMPLE NOTICE OF TERMINATION – ANTI-SOCIAL BEHAVIOUR

To: (INSERT NAME)

Your tenancy of the dwelling at (Insert Address of Rented Dwelling) will terminate on (insert termination date). You must vacate and give up possession of the dwelling on or before the termination date.

The reason for the termination of the tenancy is due to the continued breach of your tenancy obligations due to on going anti-social behaviour. [INSERT DETAILS HERE] This is despite receiving a warning letter dated the (insert date here).

You have the whole of the 24 hours of the termination date to vacate and give up possession of the above dwelling.

Any issue as to the validity of this notice or the right of the landlord to serve it, must be referred to the Residential Tenancies Board under Part 6 of the Residential Tenancies Acts 2004 to 2016 within 28 days from the date of receipt of it.

This notice is served on (insert date here).

Signed:

______

A. N. Other

Landlord

Please note - In order to ensure that there is no delay on returning the deposit, I would suggest carrying out inspections on (INSERT DATE) and (INSERT DATE) at (INSERT TIME). Please let me know if this time is convenient for you.

[1] This is not a legal document and you should refer to the original legislation. This is intended as a guide only. The RTB accepts no responsibility for inaccuracies, errors, or omissions.