Somnarain v Bendo
Tenant wins · Hamilton · 2022-03-08
- Adjudicator
- Sandra Macchione
- Dispute
- Undue damage, Overcrowding, Substantial interference
- Notice
- N5 Notice
- Landlord
- A.S.
- Tenant
- P.B.
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to allegations of undue damage to the rental unit, substantial interference with other tenants' reasonable enjoyment, and overcrowding. The Landlord alleged the Tenant or someone permitted by the Tenant caused damage to the entrance door, and that the Tenant caused excessive noise that disturbed other tenants.
The ruling
The Landlord's application for eviction was denied, but the Tenant was ordered to not cause excessive noise that substantially interferes with other tenants' reasonable enjoyment. If the Tenant breaches this condition, the Landlord may apply to terminate the tenancy without notice.