Page 140 - 11. 2019 New 26-05-21 No Table
P. 140

“You must allow our employees, representatives and contractors to come into your property
               to service any electrical and gas supplies and appliances that we are responsible for
               maintaining.”
               Condition 69
               “You must not interfere with the electric or gas supply."
               Condition 76
               “You have the right to keep one pet, or animal such as a cat, a dog, small bird, fish, non-
               poisonous insect, spider, small snake or lizard, rabbit hamster, guinea pig, mouse, gerbil or
               domestic rat as long as they do not cause damage to the property, or nuisance or annoyance to
               anyone in your locality.”
               140
               42,
               Condition 79
               “You must always keep your dog(s) on a lead in communal areas and on our land.”
               •  The Claimant claims that the Defendant has acted in contravention of the above tenancy
                   conditions.
               •  Detail of the nuisance acts that the Defendant has engaged in which constitute a breach of
                   these conditions are particularised in the attached Schedule of Nuisance.
               •  The Claimant alleges that there have been reports of nuisance and anti-social behaviour
                   from the Defendant since July 2016.
               •  The Defendant has been given verbal and written warnings of the anti-social behaviour
                   and has been invited to attend meetings with his mother to see the Claimant's officers to
                   discuss his conduct and behaviour, but he declined to attend.
               PARTICULARS OF WARNING LETTERS AND REQUEST FOR MEETINGS
               •  On 29 December 2016 a letter was sent to the Defendant to attend a meeting on 6
                   December 2016, but the Defendant cancelled the meeting.
               •  On 31 January 2017 to attend a meeting for 9 February 2017 that was cancelled by the
                   Defendant.
               •  On 16 February 2017 for a meeting on 22 February 2017 that again was cancelled by the
                   Defendant
               •  On 16 March 2017 for a meeting on 23 March 2017 that was cancelled by the Defendant.
               •  On 15 October 2018 a pre-action letter was sent to the Defendant informing of legal
                   action as a consequence of his antisocial behaviour conduct.
               140
               43,
               •  The Claimant is seeking to rely on Grounds 1 and 2 of Schedule 2 to the Housing Act 195
                   in the claim for possession of the premises.
               Ground 1 of Schedule 2 states " Rent lawfully due from the tenant has not been paid or an
               obligation of the tenancy has not been broken or not performed”.
               Ground 2 Schedule 2 states” the tenant or a person residing in or visiting the dwelling-
               house:
               Has been guilty of conduct causing or likely to cause harassment, alarm or distress to a
               person residing, visiting, or otherwise engaging in unlawful activity in the locality, or
               (aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the
               landlord of the dwelling-house, or a person employed (whether or not by the landlord) in
               connection with the landlord’s housing management functions, and that is directly or
               indirectly related to or affects those functions, or
               •  has been convicted of—
               •  using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
   135   136   137   138   139   140   141   142   143   144   145