Winky Kam-Ngan Wong and Antonio Wa v Howard R. Winn

Tenant wins · Sudbury · 2025-10-10

Adjudicator

Jane Dean

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

W.K.W., A.W.

Tenant

H.R.W.

Landlord rep

Jennifer Murray

What happened

The Landlords applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference. The Landlords claimed the Tenant refused entry for bedbug treatments on three occasions, smoked in the rental unit contrary to the agreement, and allowed his dog to use the balcony for urination and defecation. The Tenant did not attend the hearing.

The ruling

The Landlords' application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Tenant voided the N5 notice because the Landlords failed to provide evidence that the complained-of behaviors continued during the statutory seven-day voiding period.