KP v EJM

Split/Other wins · 2018-09-21

Dispute

Landlord'S Own Use, Maintenance

Notice

Notice to Terminate for the Landlord's Own Use (N12)

Landlord

K.

Tenant

E.

Landlord rep

G.P

Tenant rep

A.W, A.B

What happened

The Landlord applied to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation by the Landlord's son. The Tenant applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.

The ruling

The Landlord's application is dismissed as the N12 Notice was not provided in good faith. The Tenant's application is dismissed as the Tenant was unable to provide consistent and credible evidence to show the Landlord breached the maintenance obligations under the Act.