Khalesi v Hajiseyed

Landlord wins · Thornhill · 2021-10-18

Adjudicator

Laura Hartslief

Dispute

Bad Faith Eviction, Substantial Interference

Landlord

T.H.

Tenant

M.K., F.M.

Landlord rep

Bita DiLisi

Tenant rep

Mostafa Moktarhi

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and that the Landlord gave a notice of termination in bad faith. The parties had signed an N11 agreement to terminate the tenancy, which the Tenants now regret signing.

The ruling

The Tenants' applications are dismissed. The Board does not have jurisdiction to hear the T5 application because the Landlord did not serve a notice of termination, and the Board does not have jurisdiction to hear the T2 application because the alleged events occurred after the tenancy was terminated.