Toronto Community Housing Corporation v Hayles

Landlord wins · Toronto · 2022-08-05

Adjudicator

Alex Brkic

Dispute

Serious impairment of safety, Substantial interference

Notice

N7, N5

Amount

<$5K

Landlord

T.C.H.C.

Tenant

V.H.

Landlord rep

Kamaran Barador-Gohari

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and serious impairment of the safety of any person in the residential complex. The application was based on N5 and N7 notices served on the Tenant for excessive clutter in the rental unit and on the balcony, posing fire hazards and health risks.

The ruling

The Landlord's application is granted, subject to the Tenant being given an opportunity to comply with conditions to continue the tenancy. The Tenant must de-clutter, clean and restore the rental unit and balcony to a safe, clean and reasonable condition by September 30, 2022, and maintain the unit in that condition going forward. The Tenant must also pay the $186 application filing fee by December 1, 2022. If the Tenant fails to comply with the conditions, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.