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John
John, Solicitor
Category: Property Law
Satisfied Customers: 2217
Experience:  10 years legal experience
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I wanted to ask if a tenant agreement has been breached what

Customer Question

Hi I wanted to ask if a tenant agreement has been breached what could happen
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: located in Ireland naas
JA: Has anything been filed or reported?
Customer: yes Harassment and Loud music
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes that should be it
Submitted: 19 days ago.
Category: Property Law
Expert:  John replied 19 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 19 days ago.

Thanks for your message, I appreciate it is important to you. This depends on if you are a tenant or a landlord. As a tenant, you can report the matter to the local council and subsequently take court action. As a landlord, you can serve the tenant an eviction notice to quit and subsequently take court action.

Expert:  John replied 19 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 19 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 19 days ago.
No I have breached tenancy agreement I’m the tenant but I wanted to know if I was taken to court would an agreement come to action or a proposal of some sort after breaking the agreement
Expert:  John replied 19 days ago.

Ok thanks for clarifying. If you, as the tenant are in breach does not necessarily mean you will be taken to court, as that is always a method of last resort. The penalty for the breach will be determined by the contract of agreement. However, in the event you were taken to court, then yes a resolution would be proposed to remedy that breach.

Customer: replied 19 days ago.
What type of agreement could be proposed if tenancy agreement has been breached
Customer: replied 19 days ago.
if more than one of the tenancy agreement have been breached would the option of a proposal still be in place
Expert:  John replied 19 days ago.

It depends what the penalty would be, as determined by the tenancy agreement. If it is silent on this matter, it would then depend on what resolution would be satisfactory to the landlord for the breach. A serious breach will result in eviction. This will be the case if it is one or more breaches.

Customer: replied 19 days ago.
one or more breaches can result in eviction If the breaches aren’t as serious such as loud music and neighbours complaints could eviction still be proposed
Expert:  John replied 19 days ago.

Yes, it is still possible although if it is minor then it is unlikely.

Customer: replied 19 days ago.
When you say minor what could be minor breaches and when coming to eviction what are serious breaches that could result in that
Expert:  John replied 19 days ago.

Minor breach could be loud music, where you be required to comply with playing the music at a more social level. Serious breaches could be drug use. It is wide ranging.

Customer: replied 19 days ago.
Ok now for example if a vote of some sort has been taken into action to evict you from an estate what could be the result in that in court
Expert:  John replied 19 days ago.

That would not have relevance in court. I cannot predict any results in court, but decisions are based on facts of the matter, and not an external voting system.

Customer: replied 19 days ago.
But let’s say this matter was then pressed to Housing management would it then be considered a breach
Expert:  John replied 19 days ago.

It would be passed to Housing Management because of the breach, and not be a breach because it is passed to Housing Management.

Customer: replied 19 days ago.
Ok so if there is more than one breach it could result in eviction and if there’s only one it could result into a agreement of some sort.
Expert:  John replied 19 days ago.

It can result in eviction if the breach is serious enough, or if it is multiple breaches.

Customer: replied 19 days ago.
What could be a serious breach
Customer: replied 19 days ago.
if the multiple breaches are a sim of only two would it still lead to eviction
Expert:  John replied 19 days ago.

As above, it could be a range of things from non payment of rent to drug use. It isn't the amount of breaches that occur, it is the nature of them, and whether they lead to eviction or not I cannot obviously say as that will depend on the views of the landlord. I hope this helps.

Customer: replied 19 days ago.
Ok I will be back shortly with more questions thanks
Customer: replied 19 days ago.
Bye for now
Expert:  John replied 19 days ago.

I am glad I was able to help. Please post a new question thread if you return to the site with more questions, as per site rules. Have a great day. All the best.