GAZIANI v ABDEL REHMAN
Tenant wins · Scarborough · 2023-01-26
- Adjudicator
- Laura Hartslief
- Dispute
- Termination of Tenancy
- Notice
- Termination of Tenancy (N11)
- Landlord
- A.G.
- Tenant
- A.H.A., A.A.R.
- Landlord rep
- Agatha Small
- Tenant rep
- Naseer Ahmed
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order issued without a hearing.
The ruling
The Tenants' motion to set aside the eviction order is granted. The agreement to terminate the tenancy is invalid and unenforceable because only one Tenant signed it and the other Tenant did not consent or authorize the first Tenant to act on her behalf.