Hamilton Baptist Non-profit Homes Corp. v Clarke

Tenant wins · Hamilton · 2021-11-09

Adjudicator

Sonia Anwar-Ali

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

Hamilton Baptist Non-profit Homes Corp.

Tenant

B.C.

Landlord rep

Dan Cover

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was filed after serving a valid N5 Notice, which was based on a single incident that took place on August 8, 2021.

The ruling

The Landlord's application is amended to remove two named Tenants who do not reside at the rental unit. For the next 12 months, the Tenant shall refrain from permitting his nephew access to the residential complex and generating disruptive noise. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application.