Cellik v Hartwick

Tenant wins · Kingston · 2025-10-28

Adjudicator

Harry Cho

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

F.C.

Tenant

J.H., R.P.D.

What happened

The Landlord requested a review of a previous order that dismissed his application to terminate the tenancy. The Landlord had alleged that the Tenants substantially interfered with his enjoyment and caused undue damage by installing fixtures in the garage and a sandpit in the backyard. The original order found that the Tenants had voided the N5 notice by ceasing aggressive behavior and that the modifications did not constitute 'undue damage.'

The ruling

The Landlord's request for a review was denied because he failed to demonstrate a serious error in the original order. The LTB confirmed the dismissal of the Landlord's application to evict the Tenants and claim compensation for damages. The Tenants' actions, including installing garage fixtures and a backyard sandpit (which was later reseeded), were not found to be grounds for eviction or financial compensation.