Nguyen v Smit

Tenant wins · Windsor · 2026-01-21

Adjudicator

Dana Wren

Dispute

Damage to Property, Persistent Late Payment, Safety, Substantial Interference

Notice

Substantial interference (N5), Serious impairment of safety (N7), Wilful or negligent damage (N7)

Landlord

V.N.

Tenant

F.S.

What happened

The Landlord applied to terminate the tenancy based on allegations of substantial interference, wilful or negligent damage, overcrowding, safety impairment, and persistent late payment. The allegations included noise complaints, unauthorized guests, drug usage, property damage to lawn equipment and flower pots, and water leaks. The Tenant contested the claims, asserting that the water issue was a maintenance problem she had reported and denying any involvement in damage to the door or safety hazards.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed in its entirety. The Landlord failed to follow the correct legal procedure for serving N5 notices and did not provide sufficient evidence or witnesses to substantiate the serious allegations in the N7 notice. The Landlord's late-stage request to withdraw the application was denied to prevent prejudice to the Tenant.