Durocher v Murrin

Landlord wins · Cambridge · 2025-04-03

Adjudicator

Karen Gonçalves

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

L.D.

Tenant

L.M., J.M.

What happened

The Landlord filed an application to terminate the tenancy due to substantial interference, citing that the Tenants were parking improperly, damaging grass, and leaving garbage and debris in common areas. The Landlord served two N5 notices. The Tenants did not attend the hearing, and the hearing proceeded based on the Landlord's uncontested evidence.

The ruling

The Board found that the Tenants substantially interfered with the Landlord's reasonable enjoyment. However, exercising its discretion under s. 83 of the Act, the Board granted relief from eviction. The tenancy is to continue, conditional upon the Tenants parking only in their designated spot for the remainder of the tenancy. The Tenants are also ordered to pay the Landlord's $186.00 application fee.