TBDSSAB Housing Programs v Kinch

Tenant wins · Thunder Bay · 2025-07-22

Adjudicator

Nancy Morris

Dispute

Illegal Act, Serious Impairment of Safety

Notice

Illegal act (N6), Serious impairment of safety (N7)

Landlord

T.H.P.

Tenant

S.K.

Landlord rep

J. Petrin

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of an illegal act and serious impairment of safety. The Tenant did not attend the hearing. Upon review, the Adjudicator determined that the termination notices served by the Landlord were defective as they failed to provide specific allegations or clear reasons linking the described incidents to the legal grounds for termination, as required by the Act.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The termination notices (N6 and N7) were found to be legally insufficient because they did not clearly state which incidents constituted illegal acts or impaired safety, preventing the Tenant from adequately responding to the allegations.