CD v PSDP and DW

Landlord wins · 2015-10-20

Dispute

Substantial Interference

Landlord

P., D.

Tenant

C.

Landlord rep

NS

What happened

Tenant applied for an order determining that Landlords or their superintendent or agent substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or a member of their household.

The ruling

The Tenant was entitled to terminate the tenancy on 30 day notice due to the Landlords' refusal to allow assignment of the lease. The Tenant's issues were more properly under Section 98 of the Act for the Landlords' refusal to allow an assignment, rather than under Section 31 for substantial interference with reasonable enjoyment.