Khatau v Sandhu
Tenant wins · Brampton · 2025-02-06
- Adjudicator
- Benjamin Seigel
- Dispute
- Substantial Interference
- Notice
- N5
- Landlord
- M.K., G.S.
- Tenant
- H.S., G.S., A.S., R.S., H.S., G.S., K.S., S.S., S.K., L.S.
- Landlord rep
- Alexander Verrilli
- Tenant rep
- Harneesh Brar
What happened
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants, another occupant of the rental unit, or someone the tenants permitted in the residential complex has substantially interfered 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 tenants to pay the landlord's reasonable out-of-pocket expenses that are the result of the tenants' failure to pay utility costs they were required to pay under the terms of the tenancy agreement.
The ruling
The landlord's application is dismissed. The landlord was not entitled to make an application based on the N5 notice by the time the application was filed, as it was filed more than 30 days after the termination date in the N5 notice.