Evictly

J. Fern Incorporated v Tokonitz

Tenant wins · Kingston · 2023-08-03

Adjudicator
John Cashmore
Dispute
Substantial Interference
Notice
N5
Landlord
J. Fern Incorporated
Tenant
S.T.
Landlord rep
Jeffrey Fern
Tenant rep
John Done

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also applied for an order requiring the Tenant to pay for damages caused wilfully or negligently.

The ruling

The Landlord's application was dismissed because the N5 notices served on the Tenant did not meet the requirements of the Residential Tenancies Act, 2006.