What can be done about an abusive neighbour?

Question from RAAJ RAJARAM updated on 10th December 2008:

Situation : Landlord is an Incorporated Society and has a large property with several accommodation units. Officers of the Society live in some units and the others are let to various families/individuals. One of these individuals (who has not signed a written contract) has become inimical to the Society's Officers and has engaged in verbal abuse etc. Question : Is this a situation governed by the Tenancy Act and can this individual be evicted?

Our expert Jeff Montgomery responded:

Most agreements between landlords and tenants to rent residential property are covered by the Residential Tenancies Act, including verbal agreements. The Act may not apply to some types of premises, for example, particular types of hostels and dormitories. Where the Act applies, tenants must not interfere with the peace, comfort and privacy of their neighbours. If the tenant breaches this obligation, the landlord can give them a 10 working days’ notice requiring the tenant to stop. If the tenant doesn’t stop disturbing their neighbours’ peace, comfort and privacy, the landlord may apply to the Tenancy Tribunal to have the tenancy terminated. If the tenancy is periodic, then the landlord may also give the tenant at least 90 days’ notice in writing to end the tenancy. I recommend you also contact the Department of Building and Housing on 0800 TENANCY (0800 836 262) for more information about the jurisdiction of the Residential Tenancies Act, and the 10 working days’ notice.

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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