Pires v Miner

Tenant wins · Chatham · 2021-10-21

Adjudicator

Terri van Huisstede

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

D.P., N.P.

Tenant

E.M.

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior or the behavior of someone visiting or living with the Tenant substantially interfering with another Tenant's or the Landlord's reasonable enjoyment of the residential complex, and/or lawful rights, privileges, or interests.

The ruling

The Landlords' application was dismissed because the first N5 notice issued by the Landlords did not provide sufficient details regarding dates and times of the alleged offensive conduct by the Tenant, as required by the Residential Tenancies Act and the Divisional Court decision in Ball v. Metro Capital Property. Since the first N5 notice was invalid, the Landlords did not meet the criteria required by section 68 of the Act.