Sybbliss-Narain v Shirmardi

Tenant wins · Pickering · 2025-09-26

Adjudicator

Joy Xiao

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

S.S.

Tenant

E.S.

Landlord rep

Angeliki Alevizos

What happened

The Landlord applied to terminate the tenancy and evict the Tenant, alleging that the Tenant substantially interfered with the Landlord's rights by refusing entry to a realtor for a scheduled showing. The Landlord claimed the Tenant denied access to prospective buyers on March 30, 2025. The Tenant denied the allegation, stating she was merely securing her dog when the realtor prematurely left. The Landlord failed to produce the realtor as a witness, relying instead on hearsay evidence.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that the Landlord failed to provide sufficient evidence that the Tenant refused entry for a property showing, as the primary evidence was hearsay from an absent realtor, which was outweighed by the Tenant's direct testimony.