Moshiri v Chemello
Tenant wins · Windsor · 2022-03-17
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Substantial interference
- Notice
- Substantial interference (N5)
- Landlord
- H.M.
- Tenant
- P.C.
What happened
Landlord applied to terminate tenancy and evict Tenant based on two N5 notices alleging substantial interference with reasonable enjoyment. The application was dismissed due to procedural errors in serving and filing the notices.
The ruling
The Landlord's application for termination of tenancy and eviction was dismissed due to procedural errors in serving and filing the N5 notices. The second N5 notice was deemed defective, and the L2 application was filed too late to be considered solely on the basis of the first N5 notice.