In breach of tenancy agreement?

Question from Suzanne updated on 18th April 2012:

Our tenancy agreement states no unregistered or derelict vehicles on the property however we do have a few of these on the property. Can the landlord remove them without our permission? What kind of notice can he give us about these? Is it a 60-day notice before taking us to Tenancy Tribunal?

Our expert Juliet Robinson responded:

You admit straight away that you are in breach of your tenancy agreement. It is your legal responsibility to abide by the agreement. As the cars are your possessions and you are in residence then the landlord has no power to remove the vehicles.

However, he can give you a 14-day notice requiring you to remedy your breach of the tenancy agreement by removing the vehicles from the property. If you fail to do so the landlord can apply to the Tenancy Tribunal for a range of remedies including termination of your tenancy and an order for removal of the derelict vehicles (at your cost). The purpose of the Tenancy Tribunal is to help parties to ensure that they both keep up their end of the bargain.

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