Doberstein v Doberstein

Tenant wins · London · 2019-08-01

Adjudicator

K.J. Brooks

Dispute

Non-payment of Rent

Landlord

L.D., F.D.

Tenant

M.D.

What happened

Landlords Lynda and Frank Doberstein brought an action against tenant Mark Doberstein for $25,000 in rent arrears. The property was purchased in 2010 for Mark to live in, with an agreement to pay $950 monthly rent. Rent arrears accumulated from 2013-2016. The property was sold in 2016, and the landlords filed this claim in 2017 for the unpaid rent.

The ruling

The court dismissed the plaintiffs' claim for rent arrears, ruling that their ability to pursue such a claim was lost when they sold the property. The court determined that the covenant to pay rent runs with the land and passes to the new owner upon sale of the property.