Ringare Investments Limited v Andersen

Landlord wins · Hamilton · 2022-12-08

Adjudicator

Heather Chapple

Dispute

Substantial interference with reasonable enjoyment, Seriously impaired safety

Notice

Tenant rights (N7), Non-payment of rent (N5)

Amount

<$5K

Landlord

Ringare Investments Limited

Tenant

I.A.

Landlord rep

Martin Zarnett, Faith McGregor, Marilyn Peacock Ellsworth

What happened

Landlord applied to terminate tenancy and evict Tenant due to substantial interference with reasonable enjoyment and seriously impaired safety of others in the residential complex. The issues stemmed from the Tenant keeping the rental unit in an extreme state of uncleanliness, causing foul odours, and creating potential health and fire hazards.

The ruling

The Landlord's application for eviction is denied, conditional on the Tenant meeting specific requirements to clean and maintain the rental unit in a state of ordinary cleanliness. The Tenant must comply with cleaning conditions by January 15, 2023, and maintain cleanliness for one year. The Landlord is allowed to inspect the unit every three months and treat for pests. If conditions are not met, the Landlord may apply for termination without notice within 30 days of the breach.