Davis v Mclaren

Tenant wins · Pickering · 2025-08-14

Adjudicator

Joshua Labbe

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

I.A.D.

Tenant

D.M.

Landlord rep

Marie Tugwell, Calah Veattie

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference with reasonable enjoyment and damages. The allegations included loud music, marijuana smoke, and vehicle damage. However, the Tenant did not attend the hearing, and the Landlord's notices were found to be legally insufficient.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board determined that the termination notices (N5) were invalid. The first notice lacked specific details required by law to allow the Tenant to respond, and the second notice was procedurally defective because it relied on incidents that occurred during the voiding period of the first notice.