T.M.L.I.C. v N.B.

Tenant wins · 2016-02-05

Dispute

Substantial Interference, Unauthorized Occupancy

Notice

N5 - Notice to Terminate a Tenancy Early

Landlord

T.

Tenant

N.

Landlord rep

M.Z.

Tenant rep

I.C.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment of the residential complex and unauthorized transfer of occupancy of the rental unit.

The ruling

The Landlord's applications were dismissed. The Landlord failed to exercise reasonable diligence in investigating the unauthorized occupancy and did not file the application within the 60-day timeline. The Tenant (occupants) were found to have voided the N5 notice by stopping the alleged noise.