KLH Housing Corp [KLHHC] v Hughes

Tenant wins · Lindsay · 2025-05-12

Adjudicator

Benjamin Seigel

Dispute

Substantial Interference

Notice

Substantial Interference (N5)

Landlord

KLH Housing Corp [KLHHC]

Tenant

A.H.

Landlord rep

Caroline Smith

What happened

The Landlord applied to evict the Tenant for substantial interference, based on an N5 notice. The Tenant did not attend the hearing. The application was dismissed because the Landlord failed to file the required certificate of service for the N5 notice within the 5-day period after electronically filing the application. By the time the certificate was filed, the 30-day statutory deadline to file an application based on that notice had already expired.

The ruling

The Landlord's application for eviction is dismissed. The dismissal is due to a procedural failure, as the Landlord did not file the certificate of service for the N5 notice within the required timeframe, rendering the application incomplete and stale-dated.