Brudny v Moon

Tenant wins · Aurora · 2023-07-25

Adjudicator

Terri van Huisstede

Dispute

Substantial Interference

Notice

Persistent late payment (N5)

Landlord

T.B.

Tenant

M.A.M., R.L.

Tenant rep

Sharon Crowe

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The Landlord's application is dismissed as the first N5 Notice of Termination is found to be invalid and confusing, failing to provide sufficient details to the Tenants about the specific allegations being made. The Landlord cannot rely on a second N5 notice to correct the shortfall in the first notice.