Janiak v Hockey

Split/Other wins · London · 2022-01-20

Adjudicator

Debbie Mosaheb

Dispute

Non-payment of Rent, Purchaser'S Own Use

Notice

Non-payment of rent (N4)

Landlord

T.J.

Tenant

S.H.

Landlord rep

Ronald Rybowski

Tenant rep

Robert Jackson

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and the Landlord's agreement to sell the property to a purchaser who requires possession for personal use. The Landlord's N4 notice was found to be defective, so the L1 application was withdrawn. The L2 application regarding the purchaser's own use was adjourned, and the Landlord later requested to withdraw the application after selling the property to a new purchaser.

The ruling

The Landlord's L1/L2 application was dismissed as withdrawn. The Board consented to the withdrawal as the previous purchaser had withdrawn and this was a new purchaser, not the same as the N12 notice. The Tenant's request to have the application dismissed was denied, as the Board found the Tenant's conduct in not consenting to the withdrawal prior to the hearing was not unreasonable.