Gardner v Wang

Landlord wins · Toronto · 2025-09-19

Adjudicator

Dana Wren

Dispute

Sublet Or Assignment

Landlord

M.W., H.W.

Tenant

M.G., T.G., B.C., R.L.

Landlord rep

Angela Wang

What happened

The Tenants applied for an order claiming the Landlords arbitrarily or unreasonably withheld consent to the assignment of the rental unit. Tenant 1 sought to move out early and proposed a candidate, but the process stalled when the prospective tenant failed to provide previous landlord references and missed a scheduled meeting. Tenant 1 moved out regardless, claiming the tenancy was terminated under the Act. The Landlords argued they were entitled to vet the candidate and that the candidate eventually opted out themselves.

The ruling

The Tenants' application was dismissed. The Adjudicator ruled that the Landlords did not arbitrarily or unreasonably withhold consent to the assignment. The Landlords' request for previous landlord references was deemed reasonable, and the failure of the Tenant and prospective assignee to provide that information meant the Landlord could not finalize a decision. The Tenant moved out prematurely without satisfying the conditions of the Residential Tenancies Act, 2006.