O.D.C.L v S.B
Landlord wins · 2018-12-06
- Dispute
- Substantial Interference
- Notice
- N5 Notice to End your Tenancy For Interfering with Others, Damage, or Overcrowding
- Landlord
- O.
- Tenant
- S.
- Landlord rep
- A.K, J.H
- Tenant rep
- J.K
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was filed after serving a valid N5 Notice, which the Tenant did not void by correcting the problem within 7 days.
The ruling
The Tenant's actions substantially interfered with the Landlord's lawful right, privilege or interest by causing a delay in the construction work and additional costs to the Landlord. However, a conditional order is appropriate in this case. The Landlord is ordered to make a storage locker available for the Tenant's use at the offsite location by January 6, 2019, and the Tenant is ordered to remove all of her belongings from the temporary locker by January 24, 2019. If the Tenant does not remove her belongings by that date, the Landlord may move the Tenant's belongings to the offsite locker.