Corona Garcia v King

Tenant wins · Kilworthy · 2022-01-24

Adjudicator

Peter Nicholson

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

A.A.C.G.

Tenant

K.G., R.D.K.

Landlord rep

Kathleen Garcia

Tenant rep

Richard Douglas King

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to their behavior substantially interfering with the Landlord's reasonable enjoyment of the residential complex and/or lawful rights, privileges, or interests. The Landlord also applied for an order requiring the Tenants to compensate the Landlord for damage caused by the Tenants.

The ruling

The Landlord's application is dismissed. The second N5 notice served by the Landlord did not comply with the Act, and the Landlord's claim for damages was not supported by evidence.