Miller v Jesso, Gerling

Tenant wins · North Bay · 2022-01-27

Adjudicator

Terri van Huisstede

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

J.M.

Tenant

W.J., C.G.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to their conduct substantially interfering with the reasonable enjoyment of the residential complex. The Landlord served the Tenants with a first N5 notice, but it was found to be defective as the Landlord did not indicate whether it was a first or second notice. The Landlord also served a second N5 notice, but the certificate of service did not indicate the date it was served, and the Board found that the Landlord could not rely on the second notice since the first one was defective.

The ruling

The Landlord's application is dismissed. The N5 notice served by the Landlord was found to be defective, and the Landlord could not rely on it to terminate the tenancy.