Baxter v Zawyidiwski

Tenant wins · St. Catharines · 2021-12-21

Adjudicator

Nicola Mulima

Dispute

Substantial Interference

Notice

N5 Notice of Termination

Landlord

S.B., S.B.

Tenant

B.Z., S.J.W.

Landlord rep

S. Sheridan

Tenant rep

K. Farrell

What happened

Landlords applied to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful rights, privileges or interests of the Landlords or another tenant. The Landlords alleged the Tenants declined to sign a smoke alarm acknowledgement form and refused the Landlords access to inspect the fire alarms.

The ruling

The Landlords' application is dismissed as the N5 Notice was voided and they cannot proceed with the eviction on the basis of a void Notice.