Interrent Holdings Manager LP v Platel

Tenant wins · Burlington · 2025-09-17

Adjudicator

Dale Whitmore

Dispute

Breach of Conditions, Substantial Interference

Notice

Substantial interference (N5)

Landlord

Interrent Holdings Manager LP

Tenant

P.P., J.S.

Landlord rep

Daniel Abraham

Tenant rep

Sheila Drohan

What happened

The Landlord applied to terminate the tenancy following a breach of a mediated settlement order that prohibited Tenant 2 from using aggressive language or threatening staff. An ex parte eviction order was initially issued. The Tenants moved to set aside the order, admitting to the verbal misconduct but citing Tenant 2's severe physical health issues, including cancer recovery and medication side effects, as well as his role as a sole caregiver for his ill wife.

The ruling

The LTB granted the Tenants' motion to set aside the eviction order. While acknowledging that Tenant 2 had used abusive language ('bitch') toward staff in breach of a prior order, the member cited Tenant 2's poor health and caregiving responsibilities as reasons to give him another chance. The eviction is set aside, but the original conduct order remains in effect for the remainder of the tenancy.