Mayfair Construction v MacInnis
Tenant wins · Milton · 2025-08-19
- Adjudicator
- Dawn Carr
- Dispute
- Substantial Interference
- Notice
- Substantial interference (N5)
- Landlord
- M.C.
- Tenant
- D.M.
- Landlord rep
- Lawrence Pomfret
- Tenant rep
- Sean MacInnis
What happened
The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference with the reasonable enjoyment of the complex. The grounds included the Tenant's dog urinating in the elevator and lobby, as well as smells emanating from the rental unit. The Tenant's representative argued that the conduct stopped within the seven-day period required to void the N5 notice.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Tenant successfully voided the N5 notice by correcting the behavior related to the pet within the seven-day statutory period, and that other allegations regarding smells were too vague to be enforceable.