Nessa v Hamilton

Tenant wins · Scarborough · 2021-12-29

Adjudicator

Robert Patchett

Dispute

Breach of Conditions

Notice

Persistent late payment (N5), Persistent late payment (N5)

Landlord

V.N., R.A.

Tenant

J.H.

Landlord rep

Rifat Alam

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant parking in the residential complex without an assigned parking spot, which the Landlords alleged was a breach of the tenancy agreement. The Landlords served two N5 notices, but the second notice was found to be defective.

The ruling

The Landlord's application was dismissed. The Adjudicator found that the Landlord had tolerated the Tenant's parking in the complex for years before suddenly seeking eviction, and that the Landlord's actions in interfering with the Tenant's efforts to find alternative parking could be construed as retaliation. The Adjudicator determined that eviction was not a proportionate remedy in this case, and that the balance of circumstances favored granting relief to the Tenant.