BAIZHIYENOV v BOWMAN

Landlord wins · LONDON · 2025-05-21

Adjudicator

Benjamin Seigel

Dispute

Motion To Set Aside, Tenant-initiated Termination

Notice

Agreement to Terminate a Tenancy (N11)

Landlord

D.B.

Tenant

P.B.

Landlord rep

Peter Balatidis

What happened

The Landlord had obtained an ex-parte eviction order based on a signed N11 agreement. The Tenant filed a motion to set aside this order, explaining she had signed the N11 to escape an abusive ex-boyfriend but was subsequently victimized by a fraudulent job offer. This fraud resulted in significant financial loss, preventing her from moving and causing her to fall into rent arrears. The Tenant argued these unforeseen circumstances made it unfair to uphold the eviction.

The ruling

The Tenant's motion to set aside the eviction order is denied. The Board found it would be unfair to the Landlord to cancel the mutual agreement to end tenancy (N11), despite the Tenant's sympathetic circumstances. However, the Board delayed the enforcement of the eviction by lifting the stay on the order on July 1, 2025, to give the Tenant time to find new housing.