VYRAMUTHU v COOKE TIMOTHY JAMES

Tenant wins · Scarborough · 2025-08-07

Adjudicator

Joy Xiao

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

S.V.

Tenant

S.C.T.J.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, alleging substantial interference with the reasonable enjoyment of the complex. The Landlord served two N5 notices based on conduct by the Tenant's guests, including shouting and slamming doors, which allegedly caused other tenants to move out and deterred prospective renters. The Landlord also claimed $1,000.00 in compensation for lost rent.

The ruling

The Landlord's application to terminate the tenancy and for compensation was dismissed. The Adjudicator ruled that the Landlord failed to prove the Tenant's conduct warranted eviction and that procedural errors with the notices rendered them ineffective. Furthermore, the Landlord's claim for $1,000.00 in lost rent was rejected for lack of corroborating evidence.