Hello my name is ***** ***** I will help you with this.
What pressure is the LA putting on you? Don't they realise this person has committed a criminal offence?
No criminal offence has taken place as the police are usually unwilling to prosecute adults with learning difficulties. 5 of them removed him from the house and sat in the garden with him, refusing to let me discuss things with him. He was not prosecuted. We have enjoyed a very good relationship with the LA and have a very good reputation. However, this event means that they have found against the charity in a safeguarding hearing in that I did not protect a vulnerable adult (even though I did protect the other tenants and staff) and that in revoking his AST I breached the terms of that AST. They have reported there findings to the LA's contracting team, which possibly means that our solid reputation has been tarnished to such an extent that we will not received further tenants. Thanks
Ok - but what is it you want to achieve?
I would like there to be a legal basis for the decision I took to safeguard the other tenants in the house rather than allow the individual to re-enter. They are looking at only his rights and are not considering the rights of the other tenants or the difficulty of making a decision 'on the hoof'.
Does your agreement allow you to terminate? Are they in a fixed period?
The AST is a standard one that allows for 28 days notice. Yes he was in a fixed period of 1 yr. That is why I was hoping to rely on the
Residential Tenancies Act 2010 - termination of tenancies
This factsheet looks at sections of the Residential Tenancies Act 2010 (RTA 2010) and the Residential Tenancies Regulation 2010 (RTR 2010) that relate to the termination of tenancies.
Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment – section 92
Are you in the UK?
The Residential Tenancies Act 2010 is not a UK Act. Its the Housing Act 1985 to do with AST
This states you can terminate the agreement by giving 2 months notice after the fixed period.
You do not need a reason, you can just end it
Therefore you can give 2 months notice and the tenant has to leave
If they do not then you can apply to the Court for possession.
Section 92 of the Act you state above is for Australia
So you can give 2 months notice to leave and the tenant has to
Can I clarify anything for you about this today please?
Ok, thanks for that, appreciate your time.