#82845
Jimmy-T
Keymaster

    There should be a warning given to the miscreant, or more than one, which needs to be documented, and the response considered.

    I’m okay with one warning but there is a myth that you have to issue three.  A Notice to Comply IS a warning and I can’t find anything in the Act that says there has to be a written warning beforehand.  That said, procedurally, a warning followed by an NTC would look better at a tribunal.  However, I have seen tribunals reject NTCs because the tenant said they weren’t aware of the by-law, even though their landlord had provided a copy and the by-law they had breached was listed on the NTC (as it must be).

    I would pass a motion at committee level insisting that breaches should generate one warning (and only one) then a Notice To Comply.  Remember, you don’t get to the Tribunal stage until after the NTC has been issued then ignored.

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