Macgillivray v Belcher, Painter

Tenant wins · Dalkeith · 2022-01-11

Adjudicator

Ian Speers

Dispute

Substantial interference, Damages, Personal use

Notice

Personal use (N12)

Landlord

M.M.

Tenant

S.P., A.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to undue damage to the premises, substantial interference with the Landlord's reasonable enjoyment, and because the Landlord requires possession of the rental unit for personal use. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Landlord's application was dismissed because the Landlord did not comply with the statutory requirements under the Residential Tenancies Act, 2006 regarding the payment of compensation to the Tenants and the proper termination date in the N12 notice.