D & A Properties Limited v Swan

Tenant wins · North Bay · 2021-12-22

Adjudicator

Dawn King

Dispute

Damage to Property, Substantial Interference

Notice

Non-payment of rent (N4)

Landlord

D & A Properties Limited

Tenant

D.S.

Landlord rep

Yannick Benoit

Tenant rep

Mairghread Knought

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment of the residential complex and undue damage to the premises. The application was based on a non-voidable Notice of Termination (N5) served on the Tenant.

The ruling

The Landlord's application is dismissed as the first Notice of Termination (N5) was found to be invalid.