Prosperity Homes Limited v Cunningham

Split/Other wins · London · 2025-09-17

Adjudicator

Dawn Carr

Dispute

Damage to Property, Persistent Late Payment

Notice

Damages (N5), Persistent late payment (N8)

Amount

<$5K

Landlord

Prosperity Homes Limited

Tenant

C.L.C.

Landlord rep

Randolph Mills

What happened

The Landlord applied to terminate the tenancy based on allegations of wilful or negligent damage and persistent late payment of rent. The Landlord cited numerous damages including unauthorized basement renovations, floor changes, and lawn damage. The Tenant argued that many issues were normal wear and tear or related to items past their useful life. The Tenant also contended the application was retaliatory after the Landlord failed to evict her via an invalid N12 notice.

The ruling

The tenancy continues subject to conditions. The Tenant must pay rent on time for one year (Oct 2025 to Sept 2026), provide an electrical safety report for the basement, and restore insulation. The Tenant is also ordered to pay the Landlord $186.00 for the application filing fee. Failure to comply with these conditions allows the Landlord to apply for an ex-parte eviction order.