Hines v Rootes

Tenant wins · Niagara Falls · 2022-01-25

Adjudicator

Peter Nicholson

Dispute

Illegal Act, Substantial Interference

Notice

N5/L2, N6

Landlord

S.H.

Tenant

H.M.L.R.

Landlord rep

F. Gomez

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex.

The ruling

The Landlord's N5/L2 application was withdrawn, and the N6/L2 application was dismissed. The Landlord failed to establish that the Tenant has committed an illegal act within the meaning of the Residential Tenancies Act, 2006.