Green v McKay

Tenant wins · Kitchener · 2025-10-28

Adjudicator

Sean Ramage

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

K.U.N.W.P.

Tenant

N.M.

Landlord rep

Carolyne Green

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of smoking cigarettes in the rental unit, which supposedly interfered with the reasonable enjoyment of other tenants. The Landlord relied on an N5 notice detailing incidents in October and November 2024. However, the Landlord failed to provide direct evidence or witnesses to substantiate the claims or prove that the behavior continued after the notice was served.

The ruling

The Landlord's application for an order to terminate the tenancy and evict the Tenant is dismissed. The Landlord failed to provide sufficient evidence that the Tenant substantially interfered with the reasonable enjoyment of the premises and failed to show that the behavior continued after the Tenant received the voidable N5 notice.