2. The neighbor has complained that the tenant of my property (in an industrial building) has persistently caused excessive noise during late evenings by having overnight binge drinking parties with over 100 guests and a lot of garbage was left at the lift lobby in early mornings. The matter was reported to the police too and certain people were arrested from the scene being suspected of drug abuse. Can I terminate the tenancy agreement? If the case is heard in Court, will the Court grant any ‘mercy’ to the tenant?

2. The neighbor has complained that the tenant of my property (in an industrial building) has persistently caused excessive noise during late evenings by having overnight binge drinking parties with over 100 guests and a lot of garbage was left at the lift lobby in early mornings. The matter was reported to the police too and certain people were arrested from the scene being suspected of drug abuse. Can I terminate the tenancy agreement? If the case is heard in Court, will the Court grant any ‘mercy’ to the tenant?

The position of the landlord also depends on whether there is any express provision for the landlord to rely upon in alleging breach on the part of the tenant and terminate the tenancy agreement for such reason. In the absence of any express agreement conferring a right to terminate under the tenancy, there may be difficulty in claiming forfeiture against the tenant. In such case, the landlord’s remedy may be confined to application for injunctive relief against the tenant to prohibit any nuisance caused or illegal use.

In the event of a forfeitable breach and depending on the actual circumstances of the breach, serious nuisance caused and illegal use of the property by a tenant may be sufficient reason to deny relief against forfeiture given that some stigma might have been attached to the property itself.