TBDSSAB HOUSING PROGRAMS v FITZGERALD

Tenant wins · Thunder Bay · 2025-03-12

Adjudicator

Julie Broderick

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

T.H.P.

Tenant

K.F.

Landlord rep

Christie Berman

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The Landlord's application is dismissed. The Landlord was not entitled to serve a second N5 notice of termination under section 68 of the Act, and the Landlord has not established the ground for termination set out in the first N5 notice.