Long v Swartz

Tenant wins · Welland · 2025-07-08

Adjudicator

James Campbell

Dispute

Damage to Property

Notice

Damages (N5)

Landlord

R.L.

Tenant

I.S.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging that the Tenant or someone they permitted caused wilful or negligent damage (specifically citing a rat infestation and junk in the backyard). The Landlord also sought compensation for repair costs and daily occupation after the termination date. However, the application was dismissed because the Landlord served a second N5 notice prematurely on the last day of the void period for the first notice, which was found to be legally invalid and misleading to the Tenant.

The ruling

The Landlord's application for eviction and compensation for damages was dismissed. The Board ruled that the Landlord's process of serving a second N5 notice before the first one's void period had expired was legally flawed and prejudicial to the Tenant's rights.