Last updated: July 22, 2024
Ordered by Khalid Akram,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Soomal v Griffin, 2022 CanLII 75014 (ON LTB)
File Number: SWL-48112-21
Hearing Date
Nov 2021
Order Date
Jan 20, 2022
The Landlord's application for termination of tenancy and eviction of Tenants was dismissed due to a defective N5 notice of termination. The notice failed to include the required 7-day period for the Tenants to stop the alleged conduct, as mandated by the Residential Tenancies Act, 2006.
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on a first N5 notice of termination.
Landlord served an N5 notice of termination that was defective due to missing the required 7-day period for Tenants to stop the alleged conduct.
Landlord failed to include the required 7-day period for Tenants to stop the alleged conduct in the N5 notice, as required by subsection 64(2)(c) of the Residential Tenancies Act, 2006.
Tenants were alleged to have substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
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