Sanson v Pullyblank
Tenant wins · Hamilton · 2022-02-08
- Adjudicator
- Douglas Wilkins
- Dispute
- Substantial interference with reasonable enjoyment
- Notice
- Non-payment of rent (N5)
- Landlord
- 8914273 Canada Limited, J.S.
- Tenant
- P.P.
- Landlord rep
- Steven Smith
What happened
Landlords applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The issue centered around smoking in the rental unit, which was disturbing other tenants in the residential complex.
The ruling
The Landlord's application for eviction was dismissed. The Board found it premature to terminate the tenancy or provide conditional relief from eviction until the parties have had an opportunity to explore potential solutions to address the smoking issue.