Kataria v Kinnear

Tenant wins · Stratford · 2022-01-27

Adjudicator

Camille Tancioco

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

P.K.

Tenant

R.K.

Landlord rep

D. Jasper, R. Kataria

Tenant rep

J. Hilderbrand

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 also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The Landlord's application is dismissed. The N5 Notice served by the Landlord was found to be defective due to its vagueness and lack of necessary details, which compromised the Tenant's ability to properly respond to the application.