Bono v Doyon

Tenant wins · Hamilton · 2022-03-08

Adjudicator

Sandra Macchione

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

L.B.

Tenant

W.B.D.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was dismissed due to an invalid N5 Notice.

The ruling

The Landlord's application is dismissed due to an invalid N5 Notice. The termination date on the notice was less than the required 20 days from the date of service, violating section 67(2)(a) of the Residential Tenancies Act, 2006. As a result, the Board has no authority to consider terminating the tenancy.