PERRUZZA v CRIBBIE

Tenant wins · Woodbridge · 2025-07-04

Adjudicator

Joy Xiao

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

D.P., M.P.

Tenant

R.C.

Landlord rep

Kush Gupta

Tenant rep

Daniel Granya

What happened

The Landlords applied to terminate the tenancy and evict the Tenant, alleging substantial interference and wilful or negligent damage to the septic system. The Landlords claimed the Tenant's continued use of an in-unit washing machine, despite a request to stop due to septic system issues, caused sewage backups and required repairs. The Tenant contended that laundry was included in the tenancy and that the system's failure was due to its age and the fact that it serviced four units.

The ruling

The Landlord's application to terminate the tenancy and for compensation for repairs was dismissed. The Board found that the Tenant had voided the N5 notice and that the Landlord failed to prove the Tenant caused the damage to the aging septic system.