Macleod v Boucher

Tenant wins · Dundalk · 2025-11-07

Adjudicator

Jeremy Henderson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

M.M.

Tenant

D.B.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment. During the hearing, it was discovered that the N5 notice served by the Landlord was technically deficient. The Landlord failed to indicate on the form whether the notice was for a first or second contravention, which is a requirement under section 68 of the Act. Because the notice did not clearly state whether the Tenant had the option to void it, the Board found the notice invalid and dismissed the application.

The ruling

The Landlord's application for eviction was dismissed. The LTB found that the Landlord served an invalid N5 notice because it failed to specify whether the alleged incident was a first or second contravention. This omission made it unclear if the Tenant had the right to void the notice. As a result, the procedural requirements for eviction were not met.