McGann v Shatlock

Tenant wins · Williamsburg · 2025-11-17

Adjudicator

Greg Witt

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

G.M., D.M.

Tenant

H.S.

Landlord rep

Shawn McGann

Tenant rep

Amber Miller

What happened

The Landlords applied to terminate the tenancy and evict the Tenant, alleging substantial interference with their lawful rights. The Landlords served an N5 notice claiming the Tenant refused entry for pest control treatments on August 25 and August 29, 2025. The Tenant disputed the refusal, claiming a misunderstanding of times. The adjudicator focused on whether the Tenant voided the notice during the statutory seven-day correction period.

The ruling

The Landlords' application to terminate the tenancy and evict the Tenant is dismissed. The adjudicator found that the N5 notice was voided because the Landlords failed to attempt entry during the seven-day correction period prescribed by the Act, meaning the Tenant did not refuse entry during that critical window.