Heroux v Akey

Tenant wins · Hamilton · 2022-03-08

Adjudicator

Sandra Macchione

Dispute

Substantial interference, Safety

Notice

N5

Landlord

R.H.

Tenant

D.A.

Landlord rep

Dale Skvereckas

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, and because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The application is dismissed because the N5 Notice was void for not identifying the rental unit, and the Board does not have the authority to consider termination of the tenancy.