Sarachandran v Mohamed

Landlord wins · Woodbridge · 2022-02-07

Adjudicator

Emile Ramlochan

Dispute

Substantial interference

Landlord

B.M.

Tenant

V.S., F.B.

What happened

Tenants applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit. The Tenants alleged that the Landlord misrepresented their intention to move into the Tenants' rental unit as a means to convince the Tenants to terminate their tenancy and move out of the unit. After they vacated the unit, they discovered that the Landlord had not moved in but had re-rented the unit at a much higher rent.

The ruling

The Tenants' application is dismissed. The Board's jurisdiction to consider events that could constitute a breach of s. 22 ends with the tenancy. The only factual allegation before the Board during the period it can consider is that the Landlord told the Tenants he wanted them to move out because he wanted their unit for his personal use, which does not constitute a breach of s. 22. The Tenants should have filed an application under s. 57 of the Act (Bad Faith Notice).