Ayr And District Citizens Association v Sousa

Tenant wins · Ayr · 2021-11-04

Adjudicator

Member, Landlord and Tenant Board

Dispute

Non-payment of Rent, Substantial Interference

Notice

Substantial interference (N5), Non-payment of rent (N4)

Landlord

A.A.D.C.A.

Tenant

J.D.S.

Landlord rep

Susan Morrison, Bonnie Brown

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to failure to pay rent and substantial interference with the reasonable enjoyment of the residential complex. The Landlord served two N5 Notices alleging substantial interference, but the Tribunal found both notices to be invalid. The Landlord also filed an L1 application for non-payment of rent, but the Tribunal dismissed this application as the Tenant had already vacated the unit prior to the application being filed.

The ruling

The Landlord's applications were dismissed as the N5 Notices were found to be invalid and the L1 application for non-payment of rent was dismissed as the Tenant had already vacated the unit prior to the application being filed.