FIRST ROCK PROPERTIES LTD v OSBORNE
Landlord wins · Hamilton · 2025-07-10
- Adjudicator
- James Campbell
- Dispute
- Breach of Conditions, Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- FIRST ROCK PROPERTIES LTD
- Tenant
- L.O.
- Landlord rep
- Jonathan Carline
What happened
The Landlord applied for an order to terminate the tenancy because the Tenant allowed essential utilities (gas, hydro, and water) to be disconnected due to non-payment or account issues. The utilities were disconnected on November 22, 2024. Despite being served with an N5 Notice of Termination, the Tenant failed to reconnect the services or communicate with the Landlord. The Landlord seeks eviction based on substantial interference with the reasonable enjoyment of the residential complex.
The ruling
The tenancy is terminated effective July 21, 2025. The Tenant is ordered to move out and pay the Landlord $186.00 for the application filing fee. If the Tenant does not vacate, the Landlord may enforce the eviction through the Sheriff starting July 22, 2025.