HCH v Co-op Member

Split/Other wins · 2015-07-24

Dispute

Substantial Interference

Notice

Termination of Occupancy (94.4(7))

Landlord

HCH (the 'Co-op')

Tenant

Co-op Member

Landlord rep

KM, SC

Tenant rep

WC

What happened

The Co-op applied to the Landlord and Tenant Board to end the occupancy of the Co-op Member and evict them because the Co-op member substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the co-operative or another member or the co-operative or occupant of the residential complex or substantially interfered with another lawful right privilege or interest of the co-operative or another such member or occupant.

The ruling

The Co-op Member shall be placed on the internal transfer list of the Haldimand Co-op and the Co-op Member shall accept the first available two bedroom unit offered to her. The Co-op Member shall execute a new Occupancy Agreement upon a new unit being made available to her. The Co-op shall contribute the sum of $250.00 as an allowance for the Co-op Member's moving expenses, if a moving company is retained. The Co-op Member shall stay off Blocks A and B being the rows where she currently resides. There shall be no order for costs.