E.E. v A.M.

Tenant wins · 2018-06-12

Dispute

Substantial Interference

Notice

Termination for Substantial Interference (s.65)

Landlord

E.

Tenant

A.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest in the residential complex. The Landlord also applied for an order requiring the Tenant to pay the rent that the Tenant owes.

The ruling

The Landlord's application was dismissed in its entirety. The Landlord had no right to serve notice of termination on the Tenant pursuant to section 65(1) of the Residential Tenancies Act, 2006 because the building where the rental unit is located has four residential units, not three or fewer as required under the Act.