City of Brantford Housing v Henhawk and Dewyk

Landlord wins · Brantford · 2020-08-05

Adjudicator

Kevin Lundy

Dispute

Breach of Conditions

Notice

None

Landlord

C.O.B.H.

Tenant

C.H., M.D.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants failed to meet a condition specified in the mediated settlement issued by the Board on January 8, 2020 with respect to application SOL-09416-19. The condition was that for a period of 12 months there would not be any conduct similar to those which lead to the service of the Notice to terminate a tenancy early, specifically creating loud noise disturbances. On March 9, 2020, the City of Brantford municipal enforcement attended the rental unit due to a noise complaint, resulting in a violation of the City of Brantford noise control bylaw, which represented a breach of the mediated agreement.

The ruling

The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before August 16, 2020. If the unit is not vacated on or before August 16, 2020, then starting August 17, 2020, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.