Denman Holdings LTD. c/o OZ Property Management v Golcic

Tenant wins · Hamilton · 2025-11-21

Adjudicator

Alicia Johnson

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

Denman Holdings LTD. c/o OZ Property Management

Tenant

M.G.

Landlord rep

Preston Haynes

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment and willful or negligent damage. The Landlord alleged that a guest of the Tenant was spray-painting a vehicle, shouting racist comments, and making death threats toward other tenants. The Tenant did not attend the hearing. The adjudicator found that the Landlord failed to provide sufficient evidence that the alleged behavior continued during the statutory voiding period of the first N5 notice and ruled the second N5 notice invalid for being confusing.

The ruling

The Landlord's application for eviction is dismissed. The first N5 notice was deemed void because the Landlord provided no evidence that the alleged bad behavior continued during the seven-day remedy period. The second N5 notice was ruled invalid as it improperly mixed voidable and non-voidable termination grounds, which is legally confusing to a tenant.