Janarthan v Mclaren

Tenant wins · Pickering · 2022-03-09

Adjudicator

Fabio Quattrociocchi

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

J.S., N.J.

Tenant

J.M., R.C., M.C.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The application was based on an N5 notice served on October 26, 2021, with a termination date of October 31, 2021.

The ruling

The Landlords' application is dismissed without prejudice due to a defective N5 notice of termination. The notice failed to provide the required minimum 20-day notice period as stipulated in section 64(2)(a) of the Residential Tenancies Act, 2006. As a result, the Board lacks jurisdiction to terminate the tenancy based on this application.