TCHC v S.W.

Tenant wins · 2016-03-14

Dispute

Safety, Substantial Interference

Notice

Substantial interference (s.64), Safety (s.66)

Landlord

T.

Tenant

S.

Landlord rep

R.K.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant parking their e-bike in the common areas, which the Landlord claimed substantially interfered with the reasonable enjoyment of the residential complex and impaired the safety of other tenants.

The ruling

The Landlord's application was dismissed. The Tenant's behavior of parking the e-bike in the common area did not rise to the level of 'seriously' impairing the safety of others as required under the Act.