Daley v. Linton

Tenant wins · 2018-08-28

Adjudicator

THEN J.

Dispute

Safety Concerns, Substantial Interference

Notice

Interfering with Others, Damage or Overcrowding (N5), Causing Serious Problems in the Rental Unit or Residential Complex (N7)

Landlord

G.D.

Tenant

F.L.

What happened

Landlord applied to terminate the tenancy and evict Tenant due to Tenant's conduct that substantially interfered with the reasonable enjoyment of the premises by the landlord and other tenants. The landlord claimed the Tenant shouted, banged on doors, flashed lights in tenants' eyes, and video-recorded tenants.

The ruling

The Divisional Court allowed the Tenant's appeal, finding that the Landlord and Tenant Board erred in law by evicting the Tenant without considering whether the N5 notice had been voided during the 7-day period following service, as required under the Residential Tenancies Act.