Payne v Vongrasamy
Tenant wins · 2014-07-02
- Adjudicator
- Deputy Judge J. Sebastian Winny
- Dispute
- Damage to Property, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- T.V., K.V.A.J.V.
- Tenant
- A.P.
- Landlord rep
- Kongthong Vongrasamy
- Tenant rep
- Mr. Alexander Payne
What happened
The plaintiff, who was the former landlord of the defendants, sought damages consisting of four months' rent for the period December 2013 to March 2014 and compensation for several items of alleged damage to the premises. The defendants denied these claims and argued that jurisdiction over this dispute lies with the Landlord and Tenant Board.
The ruling
The plaintiff's claim is dismissed. The court found that it had no jurisdiction over the plaintiff's claim for rent, as the Landlord and Tenant Board had already determined the termination of the tenancy and the state of the rent account. The court also found that the claims for damage to the rented premises fell within the exclusive jurisdiction of the Landlord and Tenant Board.