Forsyth v Mcgill

Tenant wins · Ottawa · 2022-01-18

Adjudicator

Sandra Macchione

Dispute

Non-payment of rent, Interference with reasonable enjoyment, Damage to property, Safety concerns

Notice

Non-payment of rent (N4), Tenant rights (N7), Tenant rights (N5)

Landlord

C.F.

Tenant

E.M.

Landlord rep

Keith Shaw

What happened

Landlord applied for eviction and compensation due to alleged non-payment of rent, property damage, interference with reasonable enjoyment, and safety concerns. The application was dismissed due to incorrect address on notices, rendering them void.

The ruling

The Landlord's L1 and L2 applications are dismissed due to invalid notices sent to the wrong address, which do not comply with section 43 of the Residential Tenancies Act, 2006. The Board lacks jurisdiction to terminate the tenancy without valid notices.