Nisimov v Kauffeldt

Tenant wins · Innisfil · 2025-08-01

Adjudicator

Diane Wade

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

N.N.

Tenant

D.K., M.K.

Landlord rep

Meir Nisimov, M. Paunescu

Tenant rep

J. Henderson

What happened

The Landlord applied to terminate the tenancy and evict the Tenants based on allegations of substantial interference with reasonable enjoyment. Specifically, the Landlord cited issues with four aggressive dogs belonging to the Tenants, noise complaints, restriction of backyard access, and failure to maintain heat at a minimum temperature. The case centered on a procedural issue where the Landlord served four separate '1st N5' notices on the same day, causing confusion regarding which notice the application was based upon.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The Board determined that the Landlord’s service of four separate '1st N5' notices on the same day for the same category of dispute created fatal procedural confusion, making it impossible for the Tenants to know the case to meet or how to void the notices. Consequently, the application failed on the grounds of natural justice.