Italian Seniors Project v Mcglade

Tenant wins · London · 2022-02-17

Adjudicator

Camille Tancioco

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

I.S.P.

Tenant

M.M.

Landlord rep

K. Vos, T. Schoenleber

Tenant rep

N. Soares, B. Campbell

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant, another occupant, or someone Tenant permitted substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The Landlord's application is dismissed. The Tenant was found to have smoked in the bathroom, which substantially interfered with the Landlord's and other tenants' reasonable enjoyment of the residential complex. However, the Landlord failed to prove the Tenant was smoking in the laundry room, so the second N5 notice was not valid.