XR Property Inc v Hawes

Landlord wins · Kingston · 2021-09-07

Adjudicator

Debbie Mosaheb

Dispute

Substantial Interference

Notice

Persistent late payment (N5), Persistent late payment (N5)

Landlord

XR Property Inc

Tenant

T.H.

Landlord rep

Bix Xia

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was filed after serving two valid N5 Notices of Termination.

The ruling

The Landlord's application is dismissed without prejudice due to the defective N5 notice.