Abbado v Velagic
Landlord wins · London · 2022-02-10
- Adjudicator
- Camille Tancioco
- Dispute
- Substantial interference
- Notice
- N5 Notice of Termination
- Amount
- <$5K
- Landlord
- J.A.
- Tenant
- A.V.
- Landlord rep
- D. DiFruscia, N. Ramirez
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's occupant substantially interfering with the Landlord's reasonable enjoyment or lawful right, privilege or interest. The Landlord had provided the Tenant with an additional parking spot for an extra monthly fee, but later notified the Tenant that the spot was no longer available. The Tenant's occupant continued to use the spot after the notice was given.
The ruling
The Landlord's application for eviction is denied on the condition that the Tenant returns the additional parking spot to the Landlord by February 28, 2022. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is also ordered to pay the Landlord $186 for the cost of filing the application.