Bertrand v Cook
Tenant wins · Kingston · 2021-07-30
- Adjudicator
- Trish Carson
- Dispute
- Damage to Property, Substantial Interference
- Notice
- Non-payment of rent (N4), Substantial interference (N7)
- Landlord
- D.B.
- Tenant
- J.C.
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and because the Tenant or someone the Tenant permitted in the residential complex has seriously impaired the safety of any person. The Landlord also applied to evict the Tenant for non-payment of rent.
The ruling
The Landlord's applications for termination of the tenancy and eviction of the Tenant were dismissed as the N4 and N7 notices served by the Landlord were found to be defective, as they did not correctly identify the rental unit address, including the city.