T.N. and A.N. v L.S.

Tenant wins · 2019-05-14

Dispute

Substantial Interference

Notice

None

Landlord

T., A.

Tenant

L.

Landlord rep

T.N.

Tenant rep

L.S.

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant through smoking inside the rental unit.

The ruling

The Landlord's application is dismissed as the evidence was insufficient to establish that the Tenant was smoking inside the rental unit in contravention of the tenancy agreement and that this substantially interfered with the reasonable enjoyment of the Lower Unit Tenant.