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damage to my property and 3 other apts and common area

  • #2
    Registered Users Posts: 44 ✭✭✭ jeffwebb36

    In august 2019 I gave my tenant notice to vacate (i need apt to live in)at end of contract june 2020, he is a long term tenant...by way of covid and appeals he is still in the property. The bath broke 31 oct it would seem that he continued to shower for 20 mins after it broke and he knew it was leaking. We know this because the water made its way to a lower floor, and after the occupant of the damaged apt complained the shower was still going.Despite lockdown I managed to get a bath repair man to the apt on nov 2nd, but he could not do the job. So on Nov 3 I started looking for someone to fit a new bath. However, my tenant rejected 2 repairs because they wanted him to measure the bath. On Nov 5th my tenant admitted to breaking the do not use the shower/bath instructions, and suggested he would do extreme damage to my own and other apts on purpose if I did not hurry up with the new bath and a man to measure for the new bath. He also suggested that he would receive support for making said threat from management of complex, the man who resides in the property that was damaged 6 days earlier, and the RTB All of said people he claimed would support flooding of apts denied they would support said crime except the RTB who would not say if they support flooding of apts in order to get a bath quicker. On 6 nov a repairman agreed to measure for the bath and fit a new bath which was meant to be fitted yesterday. It seems when the repairman knocked on the door the tenant did not answer because he was too busy showering in the broken bath, doing water damage to my apt, and 3 other apts and the common areas. The management e mailed me to identify if the flooding was coming from my apt. I told her I suspected so, and that she should call the police or send the caretaker to my apt. She did not tell me if she took any action, however I dout if she sent the caretaker round to my apt because it would seem in the past my tenant has threatened him..
    The questions are 1)Why wont the RTB instruct my tenant to stop damaging my own and other apts. 2)Could I cancel the notice to vacate based on need for apt to live in, and change to notice to vacate based on anti social behaviour /damage to fabric of the apt block. Oh yes I have evidence that he sub-lets ...would a notice to vacate based on subletting/breaking terms of contract be better. I have already contacted lawyers but they say it is a matter for the RTB, but the RTB are not interested.
    Can I just give my tenant 28 days +covid allowances notice to vacate on a duel basis ie
    1) one count of criminal damage to my apt
    2) breaking terms of contract by way of sub letting
    Then wait for my tenant to appeal to the RTB

    Oh yes another matter my tenantin past has already caused considerable damage , and suspect he will stay and not pay rent after eviction notice is served. So the deposit I have will not cover costs


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