RBOC v MP

Landlord wins · 2017-03-02

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

R.

Tenant

M.

Landlord rep

T.M.

Tenant rep

P.R.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the Landlord's lawful right, privilege or interest. The Landlord, a mortgagee in possession, sought access to the rental unit to facilitate a sale of the property to protect its financial interest, but the Tenant denied access on two occasions.

The ruling

The Board finds that it would be unfair to refuse the Landlord's application to terminate the tenancy and evict the Tenant, given the Tenant's substantial interference with the Landlord's lawful right and interest. The tenancy is terminated effective March 2, 2017, and the Tenant must vacate the rental unit by that date. The Tenant is ordered to pay the Landlord $170 for the application filing fee.