Ahmed v. Krebs

Tenant wins · 210 Oak Street · 2015-07-23

Adjudicator

Then J.

Dispute

Tenant-initiated Termination

Landlord

H.K., 1198283 Ontario Inc., 210 Oak Street Apartments Inc.

Tenant

J.A.

Landlord rep

David Strashin

Tenant rep

Dania Majid, Shibil Siddiqi

What happened

The tenant appealed a Landlord and Tenant Board decision that found the rental unit had been abandoned. The main issue was whether rent for September 2010 had been paid, as unpaid rent is a precondition for abandonment under the Residential Tenancies Act.

The ruling

The Divisional Court allowed the tenant's appeal, finding that the Landlord and Tenant Board's decision was unreasonable. The court determined that rent for September 2010 had been paid by a third party, which is allowed under the Residential Tenancies Act. As there were no rent arrears, the precondition for abandonment was not met. The matter was remitted to the Board for consideration and determination of a remedy.