Mbemba v Davis

Split/Other wins · Prescott · 2025-04-24

Adjudicator

Dawn Carr

Dispute

Substantial Interference, Unpaid Utilities

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

A.M.

Tenant

P.D., C.H.

Landlord rep

Michael Eyre, Glenn Gosling

Tenant rep

Linda Tranter

What happened

The Landlord sought to terminate the tenancy and evict the Tenants due to substantial interference with reasonable enjoyment and unpaid utility costs. The interference claim was based on municipal bylaw violations involving the repair of four-wheeler vehicles on the property. However, the Landlord's N5 notice was found to be invalid as it provided only seven days' notice before the termination date. While the eviction application was dismissed, the Landlord's claim for compensation regarding unpaid water bills was allowed to proceed.

The ruling

The LTB dismissed the Landlord's request for eviction because the N5 notice served was legally invalid due to an insufficient notice period. However, the Board ordered the Tenants to pay the Landlord $2,321.83. This amount covers $2,135.83 in unpaid water bills and the $186.00 filing fee. The Tenants must pay by May 5, 2025, after which interest will accrue.