Nadeau v Swail

Tenant wins · Ottawa · 2021-11-02

Adjudicator

Robert Patchett

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

I.N., S.L.

Tenant

P.S.

Tenant rep

Duty Counsel

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the Landlords' reasonable enjoyment or lawful right, privilege or interest. The Landlords served an N5 Notice of Termination on the Tenant, but the Tenant voided the notice during the 7-day voiding period as the Landlords did not serve a valid Notice of Entry or attempt to enter the property during that time.

The ruling

The Landlords' application is dismissed as the Tenant voided the N5 Notice of Termination during the 7-day voiding period.