CNHBI v SK and JC

Split/Other wins · 2017-09-27

Dispute

Serious Impairment of Safety, Substantial Interference

Notice

N5 Notice of Termination, N7 Notice of Termination

Landlord

C.

Tenant

S., J.

Landlord rep

J. T, S. U

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex and serious impairment of safety of other tenants. The issues were related to the Tenant's daughter using a charcoal barbecue and building a wood fire on the balcony, which set off smoke detectors in multiple units and caused concern among other vulnerable tenants.

The ruling

The tenancy will continue subject to the condition that the Tenant, any occupant or guest shall not use any barbecue with a flame, any similar appliance or any fire of any kind on the balcony of the rental unit or anywhere in the residential complex. If the Tenant does not comply with this condition for a period of one year, the Landlord may apply to terminate the tenancy and evict the Tenant without further notice.