# Landlord rights to terminate tenancy



## rogerg (15 Dec 2011)

I am currently having problems with two separate tenants.  1st tenant is under 6 mths in her contract.  A leak was reported 3 wks ago, I have had 3 plumbers to site and none can find a leak or cause of a leak.  The entire floor now needs to be lifted and refitted new. 

I am not 100% sure that the cause was not the bath overflown.  I would be much happier if I could legally terminate this lease.  How can or should this be done? 

The 2nd tenant is not using the heat recovery system correctley (has already been shown and told to use this) which is causing very bad condensation.  This has only recentley been brought to my attention and on inspection has resulted in some damage.  There is also severe wear and tear to this apartment in 16 months. This same tenant is always late with rent and it is just got to the stage where I would also be happier if I could legally terminate their tenancy and fully repair the apartment prior to next letting. 

The unit under is now experiancing a leak in the ceiling which I believe is from this apartment.  Both of these apartments are less then 18 mths old and have been build and decorated to a very high standard.  

Any help or advise on this would be much appreciated.  I am spending so much time on both of these apartments and it is just wearing me out.

Ohh to have been able to sell or hand back to the banks ......


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## oldnick (16 Dec 2011)

roger -first thing is make 100% sure that your "paperwork" is in order - tenants are PRTB registered, rentbooks, contracts etc. I regret that even if you are in the right you'll lose much credibility in any disupte if you aren't absolutely in order.

second thing is - choose one of the tenants that you wish to evict. Trying to evict  both may look like your a difficult landlord -plus if they're both against you you'll get even more stress.

Third- did -or will- any of the plumbers give a report stating they found no cause for the leak?

Fourth - even if you are quite sure that the tenant caused the leak , how is the tenants behaving in other aspects ? It may be gratifying to get rid of the tenant but if there are no other faults or problems then ,frankly, why put yourself thru the stress?

i'd probably go for the tenant who is always late and is causing continual problems.

but ,sadly, in this country nearly evrything is on the side of the tenant. And you can't do anything unless you put a warning letter i nw riting 9except in dire emergenceies).

Ask again if you need more details..


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## oldnick (16 Dec 2011)

I would add that there are some ways that you can legally break any tenancy agreement, but I'd check what I am saying .Maybe a helpful legal poster could advise.
One way is that the apartments need refurbishment. If the leaks have caaused some dampness and potential problems with mouild  etc etc then maybe you can advise both tenants with reasonable wanring that refurbishment/renovations are urgently needed.

Just an idea...


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