Frankware Inc v Mundell
Split/Other wins · Brockville · 2021-08-11
- Adjudicator
- Elle Venhola
- Dispute
- Substantial Interference
- Notice
- N5 Notice of termination for substantial interference
- Amount
- <$5K
- Landlord
- Frankware Inc
- Tenant
- W.M.
- Landlord rep
- Valerie Akujobi
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on an allegation that the Tenant collected junk and debris on the property, causing it to be unsightly and constituting a safety hazard.
The ruling
The Landlord's application was granted, but the Tenant was provided relief from eviction subject to certain conditions. The Tenant is ordered to remove any discarded items currently stored on the property, limit the number of bicycles he can store, not operate a commercial or not-for-profit venture relating to bicycles without the Landlord's permission, and properly dispose of any discarded items. The Tenant is also ordered to pay the Landlord's application filing fee of $175 in instalments over 6 months.