Evictly

New Hope Community Housing v Barrault and Bachiu

Tenant wins · Arthur · 2022-01-11

Adjudicator
Sandra Macchione
Dispute
Substantial interference
Notice
N5
Landlord
N.H.C.H.
Tenant
S.B., B.B.
Landlord rep
Dale Skvereckas
Tenant rep
Jathusan Ratnakumaran

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord claimed the Tenants' dogs were not secured in accordance with the Landlord's instructions.

The ruling

The Landlord's application was dismissed. The Board found that the Tenants adequately confined their dogs and voided the N5 Notice. The Board did not find the Tenants substantially interfered with the Landlord's rights to inspect or do maintenance in the unit.