The Eviction Ended. The Risk Didn’t.
After a tenant vacates under an N12 or N13, the landlord’s exposure does not end. For a year after moving out, the former tenant can file a T5 application alleging the notice was served in bad faith — that the landlord or buyer never genuinely moved in, or the renovation never happened.
The remedies are serious: rent abatements of up to twelve months’ rent, moving and storage costs, the rent differential on the tenant’s new unit, and administrative fines. Adjudicators infer bad faith readily from circumstantial timelines, such as a unit relisted for rent shortly after the tenant left.
We defend landlords against T5 applications with the timeline, documentary, and intention evidence these cases turn on — and we advise landlords before and after own-use evictions to prevent claims from arising.
What Is a T5 Application?
A T5 alleges a notice of termination was given in bad faith. The former tenant typically argues:
- The person named in the N12 never moved in, or occupied the unit only briefly
- The unit was re-rented, listed for sale, or advertised at a higher rent within twelve months
- The N13 renovation, demolition, or conversion never proceeded as claimed
- The tenant must generally file within one year of vacating the unit
Common Scenarios We See
Landlords often contact us where:
- A landlord’s plans genuinely changed after the tenant vacated — a job loss, family change, or failed closing
- The named family member moved in but left earlier than intended
- Renovation timelines slipped for reasons beyond the landlord’s control
- A former tenant has filed a T5 or is threatening one
- A landlord wants pre-eviction advice to minimize future exposure
How We Assist
We assist landlords with:
- Responding to the T5 and framing the good-faith evidence from the outset
- Building the timeline: occupancy records, utility bills, permits, contractor invoices, correspondence
- Proving intervening and unforeseeable changes of circumstance
- Cross-examining on the tenant’s claimed losses, rent differential, and mitigation
- Negotiating resolution where the record is unfavourable, to contain exposure
- Advising on conduct after any own-use eviction to avoid claims entirely
Why Documentation Wins T5 Defences
Good faith is measured at the time the notice was served, but adjudicators reason backwards from what actually happened. The landlord who can show a coherent, documented story — intention, occupation, and an explanation for any change — wins. The landlord who relies on memory does not.
Book a Consultation
If a former tenant is alleging bad faith, the cost of a weak defence is measured in months of rent. Contact us as soon as the T5 arrives.