Ashraf v Rahman

Tenant wins · Scarborough · 2025-05-22

Adjudicator

Frank Ebner

Dispute

Serious Impairment of Safety

Notice

Serious impairment of safety (N7)

Landlord

M.A.

Tenant

M.M.R.

Tenant rep

Sanjida Moriom (Interpreter)

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging that the Tenant seriously impaired the safety of the Landlord and other tenants. The Landlord claimed the Tenant was screaming, slamming walls, shouting threats, and improperly using the garage as a fire hazard. At the hearing, the Landlord also alleged the Tenant brandished a knife, a detail not included in the original N7 notice. The Tenant denied all allegations, stating he has medical conditions and plans to relocate soon.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Landlord failed to meet the burden of proof required to establish that the Tenant had seriously impaired safety. Consequently, the tenancy shall continue.