PELA Housing Corporation v Harper
Tenant wins · Picton · 2025-10-03
- Adjudicator
- Jeremy Henderson
- Dispute
- Serious Impairment of Safety
- Notice
- Serious impairment of safety (N7)
- Landlord
- P.H.C.
- Tenant
- H.H., T.W.
- Landlord rep
- Jennifer Carefoot
- Tenant rep
- Tenant Duty Counsel
What happened
The Landlord applied to terminate the tenancy and evict the Tenants alleging that Tenant 1 seriously impaired the safety of others. Specifically, it was alleged that Tenant 1 threatened to set her dog on another tenant and threatened to burn down the residential complex. The Landlord provided testimony regarding a disturbance where Tenant 1 was yelling in the hallway and on her balcony following a maintenance delay. The Member found that while Tenant 1's conduct was disruptive and annoying, the threats were not perceived as credible and did not create a real risk of 'weighty or grave' consequences as required by law.
The ruling
The Landlord's application for an order to terminate the tenancy and evict the Tenants is dismissed. The Member found that the Landlord failed to prove that the conduct of Tenant 1 reached the legal threshold of a 'serious impairment of safety,' despite the verbal threats made during a disturbance.