Evictly

Interrent Holdings Manager LP v McLennan

Landlord wins · Hamilton · 2024-09-04

Adjudicator
Dawn Carr
Dispute
Substantial Interference
Notice
N5
Landlord
Interrent Holdings Manager LP
Tenant
E.M., E.D.
Landlord rep
Callie Dowds

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenants. The Landlord served a valid N5 notice of termination due to issues with odour, uncleanliness, and cockroach infestation in the rental unit, which the Tenants did not void by resolving the issues within the required timeframe.

The ruling

The Landlord's application is granted. The tenancy is terminated effective September 15, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord $29.54 per day in compensation starting June 1, 2024 until they move out, less any rent already paid. The Tenants must also pay the Landlord's $186 application filing fee. The Landlord owes the Tenants $554.72 for the rent deposit and interest, which will be deducted from the amount owed by the Tenants.