DELSAUT v CARTWRIGHT
Landlord wins · London · 2025-11-14
- Adjudicator
- Carrie Bertrand
- Dispute
- Maintenance, Tenant Rights
- Landlord
- G.C., L.C.
- Tenant
- F.D., J.A., N.L.
- Tenant rep
- Olivia Li
What happened
The Tenants filed a T2 application claiming substantial interference with their reasonable enjoyment. They sought $11,400.00 in compensation because their subtenants failed to pay rent, the unit was allegedly unclean and in disrepair upon their planned move-in date, and the Landlords refused to sign an N11 to terminate the lease. The Landlords argued they were ready to provide possession, offered to clean and repair the minor issues immediately, and that the subtenant rent issues were not the Landlords' responsibility.
The ruling
The Tenants' application was dismissed in its entirety. The Board found that the Landlord did not substantially interfere with the Tenants' enjoyment. The financial loss regarding subtenants was a matter between the Tenants and their subtenants, not the Landlord. The cleanliness and repair issues were found to be minor and rectifiable, not rendering the unit uninhabitable. Consequently, the Tenants were not entitled to the return of their last month's rent deposit or September rent after they chose not to move in.