Mtn Forming Inc v Mehrazar

Tenant wins · Richmond Hill · 2022-01-24

Adjudicator

Jana Rozehnal

Dispute

Breach of Conditions

Notice

Tenant rights (T2)

Landlord

Mtn Forming Inc

Tenant

A.M., R.K.

Landlord rep

David Howell

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants, claiming they seriously impaired the safety of others. The application was based on a notice of termination served under section 66 of the Residential Tenancies Act. However, the allegations on the Notice of Termination only consisted of noise disturbances, which do not indicate serious safety impairment.

The ruling

The Landlord's application is dismissed due to serving the wrong Notice of Termination. The allegations of noise disturbances do not meet the criteria for seriously impairing safety under section 66 of the Residential Tenancies Act.