Data v Graczol

Tenant wins · Smiths Falls · 2025-11-28

Adjudicator

Elena Jacob

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

B.D.

Tenant

C.G.

Landlord rep

Grace George

Tenant rep

Linda Tranter

What happened

The Landlord sought to terminate the tenancy based on an N5 notice alleging substantial interference. The allegations included garbage accumulation, failure to prepare for pest control, utility (heat and hydro) disconnection, and general lack of cleanliness. While the Landlord failed to prove the cleanliness and garbage issues persisted past the voiding period and withdrew the pest control claim, it was undisputed that the Tenant failed to reconnect utilities by the deadline. However, the Tenant reconnected hydro before the hearing and heat by the hearing date.

The ruling

The application for eviction is denied. Although the Tenant breached the N5 notice by failing to reconnect heat and hydro within the voiding period, relief from eviction is granted. The Tenant is a single mother of three children on social assistance, and the utilities were reconnected prior to the order. The Tenant is ordered to pay the Landlord's $186.00 application fee by January 1, 2026.