Torbill Holdings LTD v Farrell
Tenant wins · Deep River · 2025-08-19
- Adjudicator
- Dana Wren
- Dispute
- Serious Impairment of Safety
- Notice
- Serious impairment of safety (N7)
- Landlord
- Torbill Holdings LTD
- Tenant
- C.F.
- Landlord rep
- Keith Smalbil, Rachel Parks
- Tenant rep
- James Kafieh
What happened
The Landlord applied to terminate the tenancy and evict the Tenant based on an N7 notice alleging that the Tenant seriously impaired the safety of another person by pushing them and breaching a peace bond. At the hearing, the Tenant's legal representative argued that the notice was vague and lacked sufficient details. The Landlord, unprepared with evidence or witnesses, sought to withdraw the application, which the Tenant opposed. The Board found the notice failed to provide adequate details regarding the location of the event or the identity of the affected party, rendering the notice invalid.
The ruling
The Landlord's application for eviction based on serious impairment of safety was dismissed. The Board found the N7 notice to be fatally flawed as it was too vague, failing to specify the location of the alleged incident or the identity of the person whose safety was allegedly impaired. Consequently, the tenancy remains in place.