Alvarez v Colle
Tenant wins · Hawkesbury · 2025-09-03
- Adjudicator
- Robert Patchett
- Dispute
- Personal Use, Substantial Interference
- Notice
- Personal use (N12), Substantial interference (N5)
- Landlord
- V.A., Y.M.
- Tenant
- R.C.
- Landlord rep
- Marc Goldgrub
- Tenant rep
- Alexis Fafard
What happened
The Landlords applied to terminate the tenancy for personal use (N12) and substantial interference (N5). The N12 application was dismissed because the Landlords filed conflicting declarations stating their parent intended to move into two different rental units simultaneously, which the Board found to be an abuse of process. The N5 application was dismissed because the Tenant was found to have voided the notice by permitting entry for maintenance, and the alleged harassing behavior was deemed linked to the Tenant's mental health issues and previously condoned by the Landlords as 'typical' behavior.
The ruling
The Landlords' applications for eviction based on N12 and N5 notices are dismissed. The Board found the N12 application defective due to false declarations regarding the intended occupant. The N5 application was dismissed as the Tenant had voided the notice and the behavior did not constitute substantial interference given the Tenant's mental health context and the Landlords' history of condoning such behavior.