K.C. P.(GP) v I.W.

Tenant wins · 2019-01-22

Dispute

Substantial Interference

Notice

Substantial interference

Landlord

K.P.

Tenant

I.

Landlord rep

J.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant installing a fence that substantially interferes with Landlord's lawful right, privilege or interest. Tenant argues the fence is necessary to accommodate the disability-related needs of the Occupant.

The ruling

The Landlord's application is dismissed. The Tenant is entitled to keep the non-conforming fence as long as the Occupant lives in the rental unit and continues to have the same disability-related needs.