Kingston Home Base Non Profit Housing Inc. v Caldwell

Tenant wins · Kingston · 2024-08-23

Adjudicator

Dana Wren

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Kingston Home Base Non Profit Housing Inc.

Tenant

J.C.

Landlord rep

Torrie Hawley, Nicola Diak

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 of the residential complex. The Tenant requested a review of the order issued on May 3, 2024, claiming the Tenant was not afforded the opportunity to reasonably participate in the proceeding.

The ruling

The Tenant's request for review is granted. The Landlord's L2 application is dismissed in its entirety due to the Landlord's failure to include the first N5 notice and supporting Certificate of Service when filing the application, which is a requirement under the Residential Tenancies Act.