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Tenancy

  • 20-06-2020 12:47am
    #1
    Pboru22
    Registered Users, Registered Users 2 Posts: 16 ✭


    Hi All...

    I hope ye are all well.. would love some advice or your thoughts on story below about a tenancy.


    an eviction notice was served on a tenant for anti social behaviour and unpaid rent. It was appealed to rtb by tenant and I had to submit all the info due it being a paper hearing now and the landlord is retired and a family friend


    Basically there is four apartments in the one block and one tenant who was on HAP claimed anti social behaviour against their neighbour, case came with rtb in 2018 and the tenant never showed up while landlord attended. It was simply dismissed

    Then early this year the neighbours claimed anti social behaviour against tenant above and gave written statements and audio evidence to the landlord so when he questioned the tenant about it the tenant verbally abused the landlord

    He gave notice of eviction of 56days (28 being requirement) due to the alleged anti social behaviour.

    The tenant has now appealed the termination to the rtb on various grounds;

    1. The old anti social behaviour, that it was never dealt with and caused anxiety and stress and disputes current alleged being made
    2. They never got a receipt for any top up payment
    3. The unit is not in liveable condition

    Tenant submitted photo graphic and email evidence about all points. Some being right but most just normal photos

    Basically in point 1, the landlord did investigate the original allegations of anti social behaviour and found them not to be true as interviewed other residents and carried out different spot checks over a period of time and submitted letter about his findings that the tenant agrees he sent. Tenant has alleged further incidents but no evidence to back them up was sent to rtb. Landlord claims he wasn’t even made aware of them

    The most recent allegations the landlord got written statements off the other residents and submitted them to rtb, the tenant counter claims with further continued alleged anti social behaviour against these other residents.. So it really Both parties claiming against each other. The other residents also submitted an audio file to the landlord where the tenant verbally threatens the residents and make really laughable allegations but serious. Rtb wouldn’t accept the audio due to being paper hearing but accepted a transcript of conversation

    Point 2. He takes payment both by cash and bank account and signs Rent book For other tenant. Tenant verbally told landlord would not pay top up and never paid according to landlord and has no receipts to back it up of being paid, landlord has been renting over 15 years first case to rtb

    Point 3. The was two improvement notice issued by the county council on the property. One in 2018 for fire alarms etc... landlord got it all up to date and council accepted it.

    Also one early this year where county council said investigation and upgrade works need to be done due to presence of mould as well as providing fire blanked and tumble dryer.

    The landlord contracted a builder to carry out all investigation works within the timeframe, the builder stated the he needs vacant possession to do the investigation and remedial and this was related the council which they confirmed. He has told rtb he did not supply blanket or dryer. Work was never carried out due to property not being vacant. Builder confirmed by letter he was contracted to do work but needed vacant procession to do it which was submitted


    All this was sent to rtb and awaiting verdict.

    My main problem is now that the deadline is over the other residents called me today and said the tenant is tampering with the fire control system for the building by turning it off, setting off alarms and burning something in apartment .

    They also both emailed me their statements of the event.


    I am wondering what I should do??? I am only helping a family friend out and don’t want to do anything wrong. should I tell him to get solicitor involved straight away?? Or just leave the rtb to make judgement whichever ever way they decide

    Can tenant be removed immediately if tampering with fire control system, surely that’s a serious offence.


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