RV v Tenants
Landlord wins · 2022-02-08
- Adjudicator
- Lynn Mitchell
- Dispute
- Substantial interference, Withholding of vital service
- Notice
- null
- Landlord
- H., R., J.
- Tenant
- T., T., T., T., T., T., T., T., T., T., T., T., T., T., T.
- Tenant rep
- AB-S
What happened
Tenants filed applications alleging that the Landlords substantially interfered with the reasonable enjoyment of the rental units and the residential complex by discontinuing electricity, failing to repair and maintain the sewage system, and failing to ensure a supply of clean water. The Tenants also alleged that the Landlords failed to terminate the tenancies in accordance with the Residential Tenancies Act, 2006 when the mobile home park was effectively closed in October 2018.
The ruling
The Landlords' actions in effectively closing the Park without complying with the termination requirements set out in the Act constituted a blatant disregard for the Act. The Tenants are entitled to compensation for their reasonable out-of-pocket costs attributable to their continued occupancy of the Park for up to twelve months following the notice of closure, as well as compensation for moving and storage costs and increased rent at their new accommodations. However, the Tenants are not entitled to recovery of the lost value of their mobile homes.