Norberry Residences v Kim

Tenant wins · Ottawa · 2025-06-04

Adjudicator

Jeremy Henderson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Norberry Residences

Tenant

K.K.

Landlord rep

Charlie Bobrowsky

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for substantial interference with the Landlord's lawful rights. The Landlord alleged that the Tenant denied entry to the rental unit on two separate occasions for an annual inspection and a pest control visit. The Landlord also sought compensation for NSF cheque fees.

The ruling

The Landlord's application for eviction and compensation for NSF fees is dismissed. The adjudicator found the Landlord's evidence, particularly the testimony of their witness, to be unreliable and contradictory regarding the alleged denial of entry by the Tenant. The Tenant's testimony was deemed more credible, and the Board was not satisfied that the Tenant had deliberately refused entry.