Decosse v McElroy

Tenant wins · London · 2026-01-08

Adjudicator

Nersi Makki

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

T.M.

Tenant

T.D.

Tenant rep

Carmen Dawdy

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Landlord issued the notice in January 2025, claiming they needed the unit for personal use. After the Tenant vacated in March 2025, the Landlord listed the property for sale in June 2025. The Landlord argued the unit was uninhabitable due to pet damage and mold discovered after the Tenant left, making it necessary to sell instead of move in.

The ruling

The Landlord was found to have acted in bad faith regarding an N12 notice for personal use after listing the property for sale shortly after the Tenant moved out. The Landlord is ordered to pay the Tenant $520.08, representing moving expenses and the application filing fee. The Tenant's claims for increased rent and property damage were dismissed for lack of evidence.