The N5: interference, damage, or overcrowding

What the N5 covers

• Substantial interference with other tenants' reasonable enjoyment, or with your lawful rights: constant noise, harassment of neighbours, conduct that disrupts the building.
• Damage caused willfully or negligently by the tenant, their guests, or another occupant, beyond normal wear and tear.
• Overcrowding, more people living in the unit than health, safety, or property standards allow.

The first N5: the tenant gets a second chance

• The termination date must be at least 20 days after you serve the notice.
• The tenant has 7 days to void it: stop the conduct, pay or fix the damage, or reduce the number of occupants.
• If they void it, the tenancy simply continues, and that's the system working as designed.

The second N5: no second chance

If the problem recurs within 6 months of the first N5, you can serve a second one. This one has a 14-day termination date and cannot be voided. After it's served you can apply to the Board without waiting.

Details win or lose the N5

The most common reason N5s fail at the Board: vague allegations. "Tenant is noisy" isn't enough. The notice must give specific dates, times, and descriptions of each incident, detailed enough that the tenant knows exactly what to stop. Keep a dated log of complaints, photos of damage, and repair invoices from day one.

After the notice

If the first N5 isn't voided (or after a second N5), apply to the Board with an L2 application. There will be a hearing, and your evidence, the log, the photos, the invoices, is what carries it. Remember that only the Sheriff can ultimately enforce an eviction order; see our eviction process guide for the full path.