Van Noord v Oates

Tenant wins · Hamilton · 2021-08-12

Adjudicator

Stephanie Kepman

Dispute

Termination of Tenancy

Notice

Agreement to End Tenancy (N11)

Landlord

E.V.N., M.V.N.

Tenant

E.O.

Tenant rep

Katie Remington

What happened

The landlords applied for an order to terminate the tenancy and evict the tenant because the tenant entered into an agreement to terminate the tenancy. The tenant filed a motion to set aside the order, arguing that the notice provided by the landlord did not contain the unit number and that the agreement to end the tenancy was void because it was entered into on the same day as the tenancy agreement.

The ruling

The Landlord Tenant Board set aside the previous order and dismissed the landlord's application, finding that the notice provided by the landlord was defective and the agreement to end the tenancy was void.