Cardinal Residence v Martin

Tenant wins · Hamilton · 2025-11-06

Adjudicator

Rachel Gibbons

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

C.R.

Tenant

K.W.M.

Landlord rep

Ashley Friel, Cheri Murray

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with the reasonable enjoyment of the complex. The Landlord alleged the Tenant was loud, intoxicated, urinated in improper places, was combative with staff, had a physical altercation with another tenant, and exposed himself to a staff member. The hearing proceeded in the absence of the Tenant.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Landlord failed to provide sufficient, reliable evidence to prove that the Tenant substantially interfered with the reasonable enjoyment of the residential complex, as the testimony provided was entirely hearsay and the direct witnesses were not called to testify.