Over the last decade or two, judicial attitudes towards nuisance behaviour have changed. It is now far easier for landlords to obtain outright possession orders against tenants who are shown to have caused a nuisance. Indeed, the pendulum has swung so far in this direction that nuisance possession proceedings sometimes give rise to two modern-day problems: the gung-ho landlord who proceeds on the basis of little credible evidence, and the unrepentant tenant who seeks to defend a wealth of credible evidence on the basis that it is all untrue.
This article was originally published in the October 2004 issue of Legal Action. The article, in Adobe PDF form, is available through the link below.
- Defending demoted tenancy claims - Part 2
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