1591448 ONTARIO LIMITED v Teevins (formerly Prinz)

Tenant wins · Selwyn · 2025-09-17

Adjudicator

Colin Elsby

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

1591448 ONTARIO LIMITED

Tenant

K.T.F.P., T.M., D.M.

Landlord rep

Christopher Ram, Fareida Ram

What happened

The Landlord applied to terminate the tenancy and evict the Tenants alleging substantial interference with reasonable enjoyment. The application was based on a second N5 notice. At the hearing, the Member raised concerns regarding the validity of the first N5 notice, noting it lacked specific dates and times for the alleged conduct and included confusing historical details. The Member found the first notice defective for failing to provide enough detail for the Tenants to know the case they had to meet, leading to the dismissal of the application.

The ruling

The Landlord's application to evict the Tenants for substantial interference was dismissed. The LTB found that the underlying N5 notices were defective because they lacked specific dates and times of the alleged behavior, preventing the Tenants from properly understanding or defending the case. Additionally, the Landlord failed to file a required certificate of service.