Evictly

GAZIANI v ABDEL REHMAN

Tenant wins · Scarborough · 2023-01-26

Adjudicator
Laura Hartslief
Dispute
Termination of Tenancy
Notice
Termination of Tenancy (N11)
Landlord
A.G.
Tenant
A.H.A., A.A.R.
Landlord rep
Agatha Small
Tenant rep
Naseer Ahmed

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order issued without a hearing.

The ruling

The Tenants' motion to set aside the eviction order is granted. The agreement to terminate the tenancy is invalid and unenforceable because only one Tenant signed it and the other Tenant did not consent or authorize the first Tenant to act on her behalf.