Pessotski v Kamar

Landlord wins · London · 2025-10-28

Adjudicator

John Cashmore

Dispute

Illegal Charge, Non-payment of Rent

Amount

<$5K

Landlord

V.K.P.

Tenant

F.K.

Landlord rep

Alan Mitchell Clarke

What happened

The Landlord (head tenant) applied for rent arrears and compensation from a former subtenant who vacated the unit shortly after the subtenancy began. The dispute involved whether the Landlord was permitted to charge the subtenant more than the head tenant's lawful rent and whether the Landlord properly mitigated losses after the subtenant moved out.

The ruling

The LTB ordered the Former Subtenant to pay the Landlord $1,287.22. While the Subtenant was found liable for rent compensation due to lack of proper notice, the total was reduced because the Landlord had illegally overcharged the subtenant beyond the head lease amount. The Landlord was ordered to return the $1,140.00 overcharge, which was set off against the $3,660.00 in rent arrears and interest.