Chamberlain v Clement
Landlord wins · Gloucester · 2025-06-30
- Adjudicator
- Colette Myers
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- A.J.C., D.F.C.
- Tenant
- J.C., C.C.
- Landlord rep
- Carman Feng
- Tenant rep
- Michael Theile
What happened
The Landlords applied to evict the Tenants for personal use of the rental unit, as one of the Landlords needed to move in to care for her mother. The Tenants, who are related to the Landlords and had a long-term tenancy of 11 years, disputed the good faith of the application. They also raised serious maintenance issues regarding the septic system and lack of potable water, arguing these constituted a serious breach of the Landlords' obligations and should result in the eviction being denied.
The ruling
The Board granted the Landlords' application to terminate the tenancy for personal use, finding their intention to be genuine. The Tenants' request to deny the eviction based on serious maintenance issues was refused, as the Board found no ongoing serious breach. However, considering the Tenants' significant disabilities and 11-year tenancy, the Board exercised its discretion to provide relief by postponing the eviction. The tenancy is terminated, and the Tenants must vacate the rental unit on or before October 31, 2025.