Indwell v Patriquin
Split/Other wins · London · 2021-11-08
- Adjudicator
- Arnab Quadry
- Dispute
- Substantial Interference
- Notice
- N5 Notice of Termination
- Amount
- <$5K
- Landlord
- I.
- Tenant
- D.P.
- Landlord rep
- L. Lewis
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on an N5 Notice served on the Tenant alleging issues such as noise complaints, smoking, and allowing banned individuals into the residential complex.
The ruling
The Landlord's application for eviction of the Tenant is denied on the conditions that: (1) the Tenant shall refrain from smoking inside the rental unit or inside the residential complex until November 7, 2022; (2) the Tenant shall not interfere with the smoke and/or carbon monoxide detectors in the rental unit in any way until November 7, 2022; (3) the Tenant, or any occupant of the rental unit or any guest of the Tenant, shall not cause excessive noise at the rental unit or within the residential complex until November 7, 2022; and (4) the Tenant shall not allow any individuals into the residential complex against whom the Landlord has issued a 'no-trespass' notice until November 7, 2022. If the Tenant fails to comply with any of these conditions, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.