Housing (Miscellaneous Provisions) Act 2014

9.

Tenancy warning relating to other tenancy breach

9. (1) A housing authority may issue a tenancy warning to a tenant under this section where he or she or a member of his or her household has breached a term of the tenancy agreement other than a term to which section 7 or 8 relates.

(2) The tenancy warning shall—

(a) subject to subsection (4), set out the basis for the tenancy warning, that is to say, the term of the tenancy that has been breached, the nature and occasion of the breach and the name of the person (if that name is readily available to the housing authority) who caused the breach,

(b) require—

(i) the person causing the breach, and

(ii) where appropriate, either or both the tenant and other household members,

to cease, or not to repeat, specified actions or to undertake specified actions in order to prevent the breach from recurring or continuing,

(c) indicate that, if the breach continues in the period of, or is repeated within, 12 months of the tenancy warning coming into effect, the authority may apply under section 12 to recover possession of the dwelling without issuing a further tenancy warning to the tenant, and

(d) set out the tenant’s right, under section 10 , to request a review of the tenancy warning.

(3) A tenancy warning shall be served on the tenant (either at the dwelling concerned or otherwise) or, in his or her absence from the dwelling, on such other person at the dwelling as may be prescribed or, if the housing authority has attempted to but has not been able to so serve, by so serving subsequently or by serving in such other manner as may be prescribed.

(4) In setting out the basis for a tenancy warning under this section, a housing authority shall have due regard to protecting the identity of persons informing it of the breach of a term of the tenancy agreement in circumstances where, in the opinion of the authority, not to do so—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

Annotations:

Editorial Notes:

E26

Power pursuant to section exercised (13.04.2015) by Housing (Local Authority Tenancy Warnings) Regulations 2015 (S.I. No. 122 of 2015), in effect as per reg. 2.