Moshiri v Swan

Tenant wins · Windsor · 2022-03-17

Adjudicator

Dana Wren

Dispute

Substantial interference

Notice

Substantial interference (N5)

Landlord

H.M.

Tenant

D.S., R.E.

Tenant rep

Melissa Bradley

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged that Tenants refused entry for inspection after being served a notice of entry.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed. The Board found that the Tenants had voided the N5 notice as per section 64(3) of the Residential Tenancies Act, 2006. The Landlord failed to provide evidence of attempting to re-enter the property during the 7-day voiding period.