Andreas v Chrisholm

Landlord wins · Oro-Medonte · 2021-10-08

Adjudicator

Ian Speers

Dispute

Substantial Interference

Notice

N5 (Substantial interference)

Landlord

B.A.

Tenant

B.C., K.L.

Landlord rep

Tanya Ladd Taylor

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was filed after serving a valid N5 notice, which the tenants did not void by correcting the issue during the statutory period. The tenants had vacated the rental unit prior to the hearing date.

The ruling

The Landlord's application was dismissed as the subject matter was moot once the Tenants vacated the rental unit. The Landlord's request to amend the application to include additional claims was denied as it would prejudice the Tenants.