Kozachenko v Pyziak

Tenant wins · Stoney Creek · 2022-02-15

Adjudicator

Sandra Macchione

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

S.K.

Tenant

J.P.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord relied on the first N5 Notice with the termination date of August 20, 2021.

The ruling

The Landlord's application is dismissed. The Tenant has remedied the first notice by correcting the problem within the seven-day voiding period. The Landlord had no evidence to support that the alleged conduct continued within this period, making the N5 Notice void.