London & Middlesex Community Housing v Proulx

Tenant wins · London · 2022-01-20

Adjudicator

Khalid Akram

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

L.M.C.H.

Tenant

T.J., K.P.

Landlord rep

Tanya Murray

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served two N5 notices alleging multiple incidents of interference between July 7, 2020, and September 1, 2020.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed due to insufficient evidence. The Landlord relied on hearsay evidence in the form of complaint emails from other tenants, which were given no weight as the complaining tenants were not present to testify and no satisfactory explanation was provided for their absence.