J. Fern Incorporated v Tokonitz
Tenant wins · Kingston · 2023-08-03
- Adjudicator
- John Cashmore
- Dispute
- Substantial Interference
- Notice
- N5
- Landlord
- J. Fern Incorporated
- Tenant
- S.T.
- Landlord rep
- Jeffrey Fern
- Tenant rep
- John Done
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also applied for an order requiring the Tenant to pay for damages caused wilfully or negligently.
The ruling
The Landlord's application was dismissed because the N5 notices served on the Tenant did not meet the requirements of the Residential Tenancies Act, 2006.