Ammendolia v Somogy-Jones

Tenant wins · Hamilton · 2025-03-28

Adjudicator

Karen Gonçalves

Dispute

Personal Use, Substantial Interference

Notice

Persistent late payment (N5), Persistent late payment (N5), Persistent late payment (N5)

Landlord

A.A.

Tenant

R.S., D.S.

Landlord rep

Brad Chudyk

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 Tenants, and because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Landlord's application is dismissed. The Landlord served a series of confusing N5 notices, including a voidable notice and a non-voidable notice on the same day, which was found to be defective. The Board cannot consider the Landlord's application to terminate the tenancy in the absence of a valid notice of termination.