London and Middlesex Community Housing v Magee

Tenant wins · London · 2025-11-12

Adjudicator

Julie Broderick

Dispute

Breach of Conditions

Landlord

L.A.M.C.H.

Tenant

M.M.

Landlord rep

Corrie Sanford

Tenant rep

Allison Darling

What happened

The Landlord obtained an ex parte eviction order after the Tenant allegedly breached a condition of a previous consent order by making a phone call to the Landlord. The Tenant filed a motion to set aside the eviction order, arguing that the call was made to report trespassers and that he had not yet received the formal order prohibiting contact when the initial calls were made. The Member considered the Tenant's mental health issues and the fact that the spirit of the original order (to stop abusive behavior) remained intact.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order. The adjudicator found that although a technical breach of a 'no-phone-call' condition occurred, the Tenant's actions were not malicious, were partly due to delayed receipt of the order, and the Tenant's mental health issues warranted a fair consideration. The previous order from August 29, 2025, remains in effect, but the eviction is cancelled.