City of Brantford v Henhawk and Dewyk

Landlord wins · Brantford · 2020-10-28

Adjudicator

Greg Joy

Dispute

Substantial Interference

Landlord

C.O.B.H.

Tenant

C.H., M.D.

What happened

The Landlord applied for an order to terminate the tenancy and evict the 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 Tenants had engaged in activities that substantially interfered with the reasonable enjoyment of their neighbours or that of the Landlord, including playing loud music and yelling.

The ruling

Order SOL-14319-20, issued on August 5, 2020 is set aside and replaced with the following: The Tenants shall not engage in activities that substantially interfere with the reasonable enjoyment of their neighbours or that of the Landlord, including but not limited to playing loud music and yelling. In the event the Tenants fail to comply with the terms set out in this order the Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenants, for an Order terminating the tenancy and evicting the Tenants, pursuant to Section 78 of the Residential Tenancies Act, 2006.