Ahmed v Smith

Tenant wins · Mississauga · 2021-04-26

Adjudicator

Nicola Mulima

Dispute

Damage to Property, Substantial Interference

Notice

N7 Notice of Termination

Landlord

N.A.

Tenant

B.S.

Landlord rep

Magfoor Ahmed

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant causing undue damage to the rental unit, using the unit in an inconsistent manner, and substantially interfering with the Landlord's reasonable enjoyment of the residential complex. The Landlord claimed the Tenant's mental health crisis on July 9, 2020 led to the Police breaking down the Tenant's door, which the Landlord had to replace.

The ruling

The Landlord's application is dismissed as the Landlord failed to demonstrate the Tenant wilfully or negligently caused damage to the rental unit or substantially interfered with the Landlord's reasonable enjoyment. The Landlord's claim for rent arrears is also dismissed as it was not properly before the Board.