Kim Nguyen v Alice Ebenau

Tenant wins · Sudbury · 2022-01-13

Adjudicator

Dana Wren

Dispute

Damage to rental unit, Safety issues, Substantial interference

Notice

Cause serious problems (N7), Undue damage (N5)

Landlord

K.N.

Tenant

A.E.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to allegations of undue damage to the rental unit, substantial interference with the reasonable enjoyment of the residential complex, and serious impairment of safety. The Landlord served the Tenant with an N5 Notice and an N7 Notice, but the Board found the notices to be defective and confusing for the Tenant.

The ruling

The Landlord's application is dismissed as the combination of the voidable and non-voidable notices served on the Tenant for the same alleged conduct was found to be confusing and caused all the notices before the Board to be defective.