Matic-Vujovic v Scherfer

Tenant wins · Kitchener · 2026-01-05

Adjudicator

Colin Elsby

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

M.M., B.V.

Tenant

E.S.

What happened

The Landlords applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment. The application was based on a second N5 notice served in November 2023. The Tenant challenged the validity of the first N5 notice, arguing it was illegible and the dates of the incidents were too vague. The Board found the first notice invalid for lacking sufficient particulars, which meant the second notice could not be relied upon to terminate the tenancy.

The ruling

The Landlords' application to evict the Tenant was dismissed. The adjudicator ruled that the initial N5 notice was invalid because it was illegible and failed to provide specific dates or times of the alleged conduct. Since a valid first N5 is required by law to proceed with a second N5-based eviction, the Board had no jurisdiction to grant the termination of the tenancy.