Ideally, you would never have to put an early end to a tenancy. However, there are situations that call for such response. To avoid these sort of situations, it’s advisable to be clear and communicate with your tenant. Provide timelines, keep a paper trail, and make them aware of the process of breach in agreement is before they sign the lease. Another way to avoid an early or unexpected termination of a tenancy is to secure the kind of tenants you want in the first place.
If the issue isn’t a serious one, take the time to sit down and talk with your tenant to understand the problem and see what can be done. There can also be grounds for a tenant to appeal against termination of a tenancy. These can include age, lack of alternative accommodation or poor health.
If termination of tenancy is unavoidable, consider if your bases are reasonable. According to legislature, reasons for termination of a tenancy include failure to fix breach; failure to pay overdue rent; noncompliance with Tribunal order; premises destroyed or unfit to live in; premises acquired/cannot be used as a residence; premises to be sold; and serious breach by tenant.
There are also some instances that a landlord should apply directly to the Tribunal, who can then issue a Termination order. These include: tenant failed to leave after notice of intent to leave, excessive hardship to landlord, serious damage to premises, injury to landlord/occupant; harassment, intimidation, verbal abuse; nuisance to neighbour; and 3 breaches of the same term.
