Evictly

Reale v Strome

Tenant wins · Hamilton · 2022-03-22

Adjudicator
Sandra Macchione
Dispute
Damage to Property, Substantial Interference
Notice
N5, N6
Amount
<$5K
Landlord
D.R.
Tenant
B.S.
Landlord rep
Jordon Nieuwhof

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to undue damage to the premises and substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest.

The ruling

The application is dismissed. The second N5 Notice and N6 Notices are void as the Schedule A attached identifies a different rental unit. The Landlord's claim under section 89 of the Act was also dismissed due to deficient information provided.