Rae v O'Donoghue

Landlord wins · Cambridge · 2025-09-12

Adjudicator

Rachel Gibbons

Dispute

Substantial Interference, Tenant Rights

Notice

Tenant rights (T2)

Landlord

R.O.

Tenant

N.R.

Landlord rep

Dan Schofield

Tenant rep

Alishia Barber

What happened

The Tenant filed a T2 application alleging the Landlord substantially interfered with their enjoyment of the unit and harassed them. However, the Tenant failed to provide any details or dates in the application, referring to schedules that were not attached or served until shortly before the hearing. The Landlord moved to dismiss the application as defective.

The ruling

The Tenant's application was dismissed. The Board found the application was defective because it lacked necessary details and dates to establish a cause of action. The Tenant's request to amend the application to include missing schedules was denied because it was not made promptly and would unfairly allow the Tenant to bypass legal limitation periods, causing prejudice to the Landlord.