Brillinger v Braun

Tenant wins · Scarborough · 2021-12-22

Adjudicator

Renée Lang

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

H.B.

Tenant

C.B., J.B., R.S.

What happened

Landlord applied to terminate the tenancy and evict Tenants due to substantial interference, including impeding entry, depleting hot water, shutting off electricity and water, blaring music, sending excessive texts, and arguing loudly. The Landlord served two voidable N5 notices and one non-voidable N5 notice.

The ruling

The Landlord's application is dismissed. The Landlord did not establish any allegations in the voidable N5 notices, and the second N5 notice was invalid.