W.H.I. v J.P.

Split/Other wins

Dispute

Substantial Interference

Notice

Non-payment of rent (N4), Tenant rights (T2)

Landlord

W.

Tenant

J.

Landlord rep

L.H.

What happened

Landlord applied to terminate tenancy and evict Tenant due to substantial interference with reasonable enjoyment of other tenants. Two N5 notices were served, with the second non-voidable notice alleging disturbances and harassment of other tenants.

The ruling

The Board granted conditional relief from eviction, allowing the Tenant to continue the tenancy subject to conditions including not causing noise disturbances, not permitting others to cause disturbances, not harassing other tenants, and not allowing the former domestic partner into the unit or complex.