LAGA'AIA v ONOJA

Landlord wins · North York · 2025-05-28

Adjudicator

Elena Jacob

Dispute

Jurisdiction, Substantial Interference

Notice

Tenant rights (T2)

Landlord

E.O.

Tenant

J.W.L.

What happened

The Tenant filed a T2 application against the Landlord (the original tenant) for substantial interference. The Board dismissed the application, finding it lacked jurisdiction. The Board determined the agreement between the parties was an assignment of the tenancy, not a sublet, because the original tenant did not retain the right to move back in. Furthermore, the Board clarified that even in a valid sublet, a subtenant is not permitted under Section 99 of the Residential Tenancies Act to file an application for substantial interference (Section 31).

The ruling

The Tenant's application for substantial interference is dismissed. The Board determined it does not have the jurisdiction to hear the case because the agreement was an assignment, not a sublet, and even if it were a sublet, the Act does not permit a subtenant to file this type of application.