Newell v Henderson

Split/Other wins · Hamilton · 2024-04-25

Adjudicator

Trish Carson

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

G.N., D.V.T.

Tenant

J.H., L.H.

Landlord rep

Curt Anderson

Tenant rep

Tenant Duty Counsel

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex. The Landlords alleged that the Tenants were smoking inside the rental unit, which was discovered during an inspection and violated the lease agreement.

The ruling

The Landlords proved the Tenants were smoking inside the rental unit, which substantially interfered with the Landlords' and other tenants' rights. However, considering the Tenant Lynda Henderson's personal circumstances, the tenancy will continue if the Tenants comply with the condition to not smoke inside the unit or residential complex. The Tenants must pay the Landlords' application filing fee of $186.