Nantuck Investments Inc v Riley

Tenant wins · Oshawa · 2025-07-28

Adjudicator

Susan Priest

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

Nantuck Investments Inc

Tenant

K.R.

Landlord rep

Shanta Chhangur

Tenant rep

Melissa Scott

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment. The Landlord served two N5 notices alleging harassment of other tenants, unauthorized parking, property damage (broken window and light fixtures), guests sleeping in an attic, and smoking. However, the second N5 notice was found to be legally defective because it cited conduct that occurred before the first notice's voiding period, and the application was filed too late to rely on the first N5 notice alone.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The second N5 notice was ruled defective as it failed to satisfy the timing requirements of the Residential Tenancies Act, 2006, and the application was filed too late to be supported by the initial N5 notice.