Evictly

Marcia Boone v Jeveethan Elangeswaran

Tenant wins · Newcastle · 2023-05-17

Adjudicator
John Cashmore
Dispute
Bad Faith Eviction, Illegal Act
Amount
>$20K
Landlord
J.E.
Tenant
M.B.
Landlord rep
Thirusenthuran Sivapatham
Tenant rep
Caroline Wilson

What happened

The tenant applied for an order determining the landlord gave a notice of termination in bad faith and collected or retained money illegally. The landlord did not serve a formal N12 notice, but the parties discussed the landlord's plan to sell the property and the tenant vacating by a certain date. The landlord later decided to re-rent the property instead of selling it.

The ruling

The landlord's notice to the tenant to vacate the rental unit was found to be in bad faith. The landlord is ordered to pay the tenant $24,453, which includes $22,200 in general compensation and $2,200 for the unpaid compensation required under the Act.