SBM and LBM v SF

Tenant wins · 2018-08-23

Adjudicator

David Mungovan

Dispute

Illegal Act, Serious Impairment of Safety, Substantial Interference

Notice

Substantial interference (N5), Illegal Act (N6), Serious impairment of safety (N7)

Amount

<$5K

Landlord

S., L.

Tenant

S.

Landlord rep

G.B

Tenant rep

S.A.G

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to substantial interference, illegal acts, and serious impairment of safety. The Tenant made a preliminary motion to dismiss the application due to confusion caused by the Landlords serving multiple notices with the same termination date for the same alleged conduct.

The ruling

The application was dismissed. The Adjudicator found that the combination of voidable and non-voidable notices served by the Landlords for the same alleged conduct was confusing and caused all the notices to be defective, and therefore the Landlords' application to terminate the tenancy could not be considered.