Ashley Manor Housing Corporation v Washington

Tenant wins · Ajax · 2025-10-29

Adjudicator

Jeremy Henderson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

A.M.H.C.

Tenant

C.W.

Landlord rep

Gail Collymore

What happened

The Landlord applied to terminate the tenancy and evict the Tenant, alleging the Tenant substantially interfered with the Landlord's rights by refusing entry to the rental unit on multiple occasions despite proper notice. The primary allegation involved the Tenant's failure to stop this behavior within the seven-day remedy period following the service of an N5 Notice of Termination.

The ruling

The Landlord's application to terminate the tenancy is dismissed. The Board found that the Landlord failed to prove the Tenant refused entry during the seven-day voiding period of the N5 Notice. The Landlord's evidence was deemed hearsay, while the Tenant's testimony was found to be credible.