Hassam v Lough
Landlord wins · Grafton · 2025-05-02
- Adjudicator
- James Campbell
- Dispute
- Abandoned Unit, Non-payment of Rent
- Notice
- Notice of abandonment
- Landlord
- N.H., J.G.
- Tenant
- W.L., M.L.
What happened
The Landlords applied for an order to terminate the tenancy and evict the Tenants based on the belief that the unit had been abandoned. Tenant 1 had moved out and could not be reached, while Tenant 2 remained in possession. The Landlords sought to terminate the existing joint tenancy to establish a new lease with Tenant 2. Significant rent arrears were also noted for the period between August and November 2024.
The ruling
The LTB ordered the termination of the joint tenancy effective December 4, 2024. The member found that Tenant 1 had abandoned the unit, thereby severing the joint tenancy through the loss of unity of possession. While Tenant 2 remains in the unit, the Landlord intends to establish a new lease agreement with her. If the unit is not vacated by May 2, 2025, the Landlord may enforce the eviction through the Sheriff.