Habibi v Macdonald

Tenant wins · Newmarket · 2022-01-24

Adjudicator

Robert Patchett

Dispute

Undue damage, Substantial interference

Notice

Tenant rights (T2)

Landlord

M.H.

Tenant

R.M.

What happened

Landlord applied to terminate tenancy and evict Tenant due to alleged willful or negligent damage to the premises and substantial interference with reasonable enjoyment or lawful rights of the Landlord or other tenants. Landlord also sought compensation for damages and for each day Tenant remained after the termination date.

The ruling

The Landlord's application was dismissed due to improper service of the N5 and N7 notices. The Landlord served these notices via text messages, which is not a permitted method under the Residential Tenancies Act or the Board's Rules without prior consent for alternative service.