Cheng v Seto

Landlord wins · Unionville · 2022-07-13

Adjudicator

Jagger Benham

Dispute

Substantial interference

Notice

N5

Amount

<$5K

Landlord

J.C.

Tenant

M.S.

Landlord rep

Cuiwen Hu

Tenant rep

Tenant Duty-Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord served multiple N5 notices on the Tenant for smoking cannabis in the rental unit, which caused the upstairs tenant to experience migraine headaches.

The ruling

The Tribunal found that the Tenant's conduct of smoking cannabis in the rental unit substantially interfered with the reasonable enjoyment of the upstairs tenant. However, the Tribunal granted relief from eviction and ordered the Tenant to refrain from smoking cannabis on the property. The Tenant was also ordered to pay the Landlord's application filing fee of $186.