Beaven v Staats, Moth

Tenant wins · Brantford · 2022-01-25

Adjudicator

Vladimir Nikitin

Dispute

Substantial interference

Notice

N5

Landlord

B.B.

Tenant

J.S., J.M.

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 based on a second N5 notice served more than 6 months after the first N5 notice, which is not permitted under the Act.

The ruling

The Landlord's application is dismissed because the second N5 notice served more than 6 months after the first notice is invalid.