Stamm Investments v. Hobbs

Tenant wins · 2016-10-11

Adjudicator

C.D. Braid

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N5)

Landlord

Stamm Investments Limited

Tenant

R.H.

Landlord rep

Kristin A. Ley

What happened

Landlord appealed a Small Claims Court judgment that dismissed their claim for damages after the tenant vacated the unit following an N5 notice. The key question was whether the tenant was still liable for prospective rent after vacating by the termination date on the notice.

The ruling

The Divisional Court dismissed the landlord's appeal, affirming that when a tenant vacates by the termination date on an N5 notice, the tenancy ends and the tenant is not liable for prospective rent. The court found no procedural fairness issues in the Small Claims Court hearing and no error in the Deputy Judge's consideration of common law remedies.