Indwell v Robins

Tenant wins · Hamilton · 2022-02-08

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

I.

Tenant

C.R.

Landlord rep

Karin Joss, Stephen Howson

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 Landlord served two N5 notices on the Tenant.

The ruling

The Landlord's application is dismissed because the first N5 notice served by the Landlord did not comply with the 20-day requirement under the Residential Tenancies Act, 2006.