Macbeth v Bresee

Tenant wins · Brockville · 2022-01-18

Adjudicator

Sandra Macchione

Dispute

Breach of Conditions

Notice

Tenant rights (N5)

Landlord

P.M.

Tenant

S.B.

Tenant rep

Linda Tranter

What happened

Landlord applied to terminate tenancy and evict Tenant, claiming the number of persons living in the unit exceeded health, safety, or housing standards. Landlord stated five people (3 adults, 2 children) occupied a two-bedroom unit, violating alleged city by-law permitting only two people per bedroom.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed. The N5 Notice served to the Tenant was deemed void due to incorrect information regarding the required number of occupants to preserve the tenancy.