Devonshire Properties Inc v Felix

Tenant wins · North York · 2025-08-27

Adjudicator

Dana Wren

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Devonshire Properties Inc

Tenant

H.H.F.

Landlord rep

Dal Dharival, Sarah Teal, Tanya Dickie

Tenant rep

Ana Harbuz

What happened

The Landlord applied to terminate the tenancy alleging the Tenant substantially interfered with their rights by refusing pest control entry. An initial order granted eviction. The Tenant requested a review, arguing the Member failed to consider the Tenant's right to void the N5 notice. Evidence showed the Landlord relied on incidents occurring before the notice was served, and provided no evidence of non-compliance during the 7-day voiding period.

The ruling

The review request is granted. The original order for eviction dated July 9, 2025, is cancelled and replaced. The Landlord's application to terminate the tenancy is dismissed because the Tenant voided the N5 notice by not repeating the conduct during the 7-day voiding period, and the Landlord failed to provide evidence of any subsequent breach.