AR-J's Property Management Inc v Jones

Tenant wins · Hamilton · 2021-11-09

Adjudicator

Randy Aulbrook

Dispute

Breach of Conditions

Notice

Persistent Disturbance (N5)

Landlord

AR-J's Property Management Inc

Tenant

R.J.

Landlord rep

Albert Pangili, Katie Remington

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to alleged disturbances caused by the Tenant's brother. The Tenant's legal representative argued that the N5 notice served on the Tenant lacked sufficient details about the alleged disturbances, which prejudiced the Tenant's ability to respond to the allegations.

The ruling

The Landlord's application was dismissed because the N5 notice served on the Tenant lacked the specificity required by the Act, which prejudiced the Tenant's ability to know the case he had to meet.