Laterers v Spracklin
Split/Other wins · Washago · 2025-05-20
- Adjudicator
- Frank Ebner
- Dispute
- Breach of Conditions, Substantial Interference
- Notice
- Serious impairment of safety (N7)
- Amount
- <$5K
- Landlord
- A.L.
- Tenant
- J.D., T.S.
- Landlord rep
- Anna Bon
- Tenant rep
- Ryan Davies
What happened
The Landlord applied for an order to evict the Tenants for seriously impairing the safety of persons in the residential complex. The allegations, supported by a fire inspector's report, included creating severe fire hazards by using space heaters as the primary heat source, improper storage of combustible materials, missing smoke alarms, and aggressive behavior. The Tenants' request for an adjournment was denied. The Board found the fire hazards constituted a serious impairment of safety but granted the Tenants conditional relief from eviction.
The ruling
The Board found that the Tenants seriously impaired safety by creating multiple fire hazards. However, instead of ordering eviction, the Board granted the Tenants conditional relief. The tenancy continues, provided that for the next three years, the Tenants do not use space heaters as the sole heat source, follow all fire safety regulations, do not store combustible materials near the electrical panel, and promptly report any smoke alarm issues to the Landlord. The Tenants were also ordered to pay the Landlord's $186.00 application fee.