Xu v Mathew

Tenant wins · Cambridge · 2025-08-19

Adjudicator

Colin Elsby

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

J.X.

Tenant

R.M.

Landlord rep

Alfred Chinambu

Tenant rep

Janet van Oordt

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging that parking multiple vehicles interfered with the Landlord's reasonable enjoyment. The Landlord sought to enforce parking limits defined in the tenancy agreement and claimed $2,550 in unauthorized parking fees. The Tenant argued that the parking arrangement had been consistent for decades since the start of the tenancy in 1995 and did not cause actual obstruction.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Landlord failed to prove the Tenant's parking of additional vehicles amounted to substantial interference, especially given the historical context of the 30-year tenancy.