Roele v Sexton

Landlord wins · Essex · 2023-07-10

Adjudicator

Amanda Kovats

Dispute

Personal Use, Substantial Interference

Notice

Personal use (N12), Substantial interference (N5)

Landlord

M.R., B.M.

Tenant

C.D., C.S.

Landlord rep

Trever Scheib

Tenant rep

Jane Scharf

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year ('N12 based L2 application'). The Landlord also applied for an order to terminate the tenancy and evict the Tenants because the Tenants substantially interfered with the reasonable enjoyment of the residential complex or another lawful right, privilege, or interest of the Landlord or another tenant ('N5 based L2 application'). The Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenants ('T2 application') and the Tenants applied for a reduction of the rent charged for the rental unit due to a discontinuance in services or facilities provided in respect of the rental unit or the residential complex ('T3 application').

The ruling

The tenancy is terminated as of September 30, 2023. The Tenants' applications are dismissed.