Madruga v Gillies

Tenant wins · Fergus · 2025-05-14

Adjudicator

Richard Ferriss

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

S.M.

Tenant

N.G.

Landlord rep

Barrett Beaudoin

What happened

The Landlord applied to evict the Tenant for substantial interference with reasonable enjoyment, based on a second N5 notice. The allegations primarily involved noise complaints (loud music, stomping) and the Tenant's dogs running at large, originating from a downstairs neighbour. The hearing focused on whether the Landlord had proven the allegations in the first N5 notice, which is a prerequisite for a valid second N5.

The ruling

The Landlord's application to evict the Tenant for substantial interference is dismissed. The adjudicator found that the Landlord failed to prove the allegations in the first N5 notice concerning noise and the Tenant's dogs. The evidence presented was deemed insufficient, and the main witness's expectations for quiet were considered unreasonable for apartment living. Since the first N5 was not established, the second N5 notice, upon which the application was based, is invalid.