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TT Appln For Tenancy End. Is That The Same As Possession?

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  • Perry
    Geriatric
    • Sep 2004
    • 16861

    #1

    TT Appln For Tenancy End. Is That The Same As Possession?

    I've made an application to end, an ahhhhh, 'troublesome' tenancy,
    pursuant to section 40 (2) (c). And section 60A (4).

    S 60A (5) says the applicant must suffer greater hardship. Problem is,
    the application made pursuant to section 40 (2) (c) is about 'hardship'
    suffered by "other person residing in the neighbourhood."

    So now I'm wondering if another section applies? TS tell me that
    they decide which sections apply, based on the application.

    Question: is a request to have a tenancy terminated much the same
    as asking for a possession order?

    Originally posted by RTA
    The tenant shall not cause or permit any interference with the reasonable peace,
    comfort, or privacy of any of the landlord's other tenants in the use of the premises
    occupied by those other tenants, or with the reasonable peace, comfort, or privacy
    of any other person residing in the neighbourhood.
    Originally posted by RTA
    60A Fixed-term tenancy becomes periodic unless contrary notice given

    (1) On the expiry of a fixed-term tenancy of more than 90 days, the
    tenancy continues as a periodic tenancy with the same terms as the
    terms contained in the expired tenancy so far as those terms are
    consistent with a periodic tenancy.

    (2) Subsection (1) does not apply if—

    (a) the parties enter into a new tenancy agreement or agree to extend
    the existing tenancy agreement; or

    (b) within the effective period, either party gives the other written
    notice of the party’s intention not to continue with the tenancy.

    (3) The effective period is the period that starts on the 90th day
    before the date on which the tenancy expires and ends with the 21st
    day before that date.

    (4) On an application by either party, the Tribunal may make an order
    specifying a date for the early termination of a tenancy that will
    continue, or is continuing, under subsection (1).

    (5) The Tribunal may only make an order under subsection (4) if
    satisfied that, without the order, the applicant would suffer greater
    hardship than the other party.

    (6) Where the Tribunal makes an order under subsection (4), the
    Tribunal may order that the applicant pay to the other party an amount
    determined by the Tribunal by way of reasonable compensation for any
    loss or damage to the other party that is likely to result from the
    early termination.
    Originally posted by RTA
    50 Circumstances in which tenancies are terminated

    Subject in the case of a subtenancy to section 57, no tenancy to which
    this Act applies shall terminate or be terminated otherwise than as follows:

    (f) by order of the Tribunal pursuant to the powers conferred on it by
    this Act.
  • Keys
    Fanatical
    • Nov 2006
    • 6062

    #2
    Did you ask for a possession order?
    https://www.propertytalk.com/forum/i...ilies/lock.gif

    Comment

    • Perry
      Geriatric
      • Sep 2004
      • 16861

      #3
      No. That's my point. Is a request to terminate
      a tenancy ipso facto a request for a possession
      order? Or does one actually need apply for both?

      EDIT
      . . . and under the same or different sections?

      According to TS, an order terminating a tenancy
      will also be (or contain) a possession component.


      Gotta laugh:

      Ring Tenancy Service and the canned announcement:

      "Welcome to Business Innovation and Employment . . . ."

      Who do they think they're kidding?

      Another bit of asinine artifice. Innovation? In some
      government dept? Where do they get such ideas?
      Some $10k/day private sector consultant?

      I wonder how many tenants mumble: "Sorry. Got the
      wrong number"
      and hang up?
      Last edited by Perry; 04-07-2012, 05:12 PM.

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