Perth & Stratford Housing Corporation v Kinnear

Landlord wins · Stratford · 2023-05-23

Adjudicator

Alicia Johnson

Dispute

Substantial interference

Notice

N5

Amount

<$5K

Landlord

P.S.H.C.

Tenant

R.K.

Landlord rep

Mathew Lindsay, Paula Lombardi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's conduct that substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the Landlord or another tenant or substantially interfered with another lawful right, privilege or interest of the Landlord or another tenant.

The ruling

The tenancy is terminated effective June 3, 2023. The Tenant must pay the Landlord $729.60 for use and occupation of the unit from September 1, 2022 to January 30, 2023, and $4.80 per day starting January 31, 2023 until the Tenant moves out. The Tenant must also pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by June 3, 2023, the Tenant will start to owe interest at 6.00% annually on the outstanding balance.