HPA v HCH

Split/Other wins · 2015-03-13

Dispute

Substantial Interference

Landlord

H.

Tenant

H.

Landlord rep

E.P.

Tenant rep

K.A., D.W.

What happened

HPA applied to terminate the tenancy and evict HCH because HCH, another occupant of the rental unit or someone it permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The rental unit in question is occupied by IM.

The ruling

The Board found that there is a single residential tenancy in respect of the rental unit occupied by IM, with IM as the Tenant and HPA and HCH as Co-Landlords. The agreement between HPA and HCH is not a residential tenancy agreement governed by the Residential Tenancies Act, 2006.