RR v DW

Tenant wins

Dispute

Damage to Property, Substantial Interference

Notice

Non-payment of rent (N5), Tenant rights (N7)

Landlord

R., M.

Tenant

D., M.

Landlord rep

TD

Tenant rep

RB

What happened

Landlords applied to terminate tenancy and evict Tenants, claiming willful or negligent damage to premises and substantial interference with Landlords' reasonable enjoyment or lawful rights in a residential complex with three or fewer units. The case involves a family dispute, with the Landlord being the daughter of one of the Tenants.

The ruling

The Landlords' application for eviction was dismissed. The N5 Notice was found void due to lack of a 7-day voiding period. The N7 Notice allegations of substantial interference were not substantiated by evidence. The Tenants' reaction to unlawful entry by Landlords was deemed a lawful assertion of their rights.