Muscillo v McNichol

Tenant wins · Brampton · 2025-04-16

Adjudicator

Karen Gonçalves

Dispute

Damage to Property

Notice

Damage (N5)

Landlord

D.M., J.D.S.

Tenant

L.M.

What happened

The Landlords applied to evict the Tenant for causing willful or negligent damage. The basis for the application was an N5 notice issued after the Landlords were notified that the gas meter at the property was disconnected, creating a potential for pipes to freeze and burst. The Tenant did not attend the hearing.

The ruling

The Landlords' application for eviction and compensation is dismissed. The N5 notice served to the Tenant was found to be invalid because it was based on potential future damage rather than actual damage, and it failed to provide the Tenant with clear instructions on how to rectify the issue and void the notice. As the notice was defective, the application could not succeed.