Chandu v Tudor

Tenant wins · Vaughan · 2020-08-17

Adjudicator

Member, Landlord and Tenant Board

Dispute

Breach of Conditions

Notice

Breach of Conditions (N5)

Landlord

S.C., C.S.Y.

Tenant

C.S.T., C.C.

What happened

Landlords applied to terminate the tenancy and evict Tenants due to their alleged use of the rental unit in a manner inconsistent with residential use, including removing smoke and carbon monoxide alarms and smoking indoors, creating a fire hazard.

The ruling

The Landlords' application is dismissed as the alleged conduct by the Tenants does not constitute a use of the premises that is inconsistent with residential use, and there were no valid grounds for eviction set out in the notice of termination.