Hicks v Deng

Landlord wins · London · 2024-08-12

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

B.D.

Tenant

D.N.H.

Landlord rep

Loryn Lux

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice and the Tenant vacated the rental unit as a result. The Landlord then listed the rental unit for rent, engaging the reverse onus under section 57(5) of the Residential Tenancies Act.

The ruling

The application is dismissed. The Tenant did not prove the allegations contained in the application on a balance of probabilities. The Landlord presented evidence that they had a genuine intention to occupy the rental unit at the time the N12 notice was given.