Mcewen v Kelly

Split/Other wins · Kingston · 2023-12-22

Adjudicator

Emily Robb

Dispute

Substantial Interference

Landlord

S.M.

Tenant

S.K.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest. Landlord also applied for an order requiring Tenant to pay Landlord's reasonable out-of-pocket expenses related to Tenant's failure to pay utility costs and Tenant's conduct that substantially interfered with Landlord's reasonable enjoyment.

The ruling

The Landlord's application is withdrawn.