Liu and Chen v Fattahi and Tabalvandani

Tenant wins · Richmond Hill · 2022-01-10

Adjudicator

Greg Joy

Dispute

Renovation, Major Repairs, Substantial interference

Notice

Landlord's notice to vacate for repairs

Landlord

S.L., H.C.

Tenant

S.F.T., A.D.F.

What happened

Landlords applied to terminate the tenancy and evict the Tenants due to the need to do major repairs and renovations to the rental unit, and because the Tenants have substantially interfered with the Landlords' reasonable enjoyment or lawful right, privilege or interest. The Landlords served a notice on the Tenants indicating the need for the rental unit to be vacant to complete the renovations.

The ruling

The Landlords' application is dismissed. The Landlords have not demonstrated that vacant possession is required to perform the renovations, and it would be unfair to terminate the tenancy under the circumstances.