Sakovets et al. v Hamel

Landlord wins · 2023-11-16

Adjudicator

J.A. Ramsay

Dispute

Non-payment of Rent, Tenant-initiated Termination

Amount

<$5K

Landlord

A.H.

Tenant

V.S., T.O.

Tenant rep

Rebecca Bromwich

What happened

Tenants appealed an LTB order requiring them to pay $2,000 in rent arrears. The tenants had attempted to assign their lease and vacated the premises on December 1, 2022, giving only 30 days' notice instead of the required 60 days. The landlord sought December 2022 rent, which the LTB awarded. The tenants argued they had assigned the lease, but the LTB found the landlord's refusal of the assignment was reasonable.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB order requiring them to pay $2,000 in rent arrears for December 2022. The court found no error in the LTB's decision that the landlord's refusal to consent to the lease assignment was reasonable, and that the tenants owed rent for December due to insufficient notice of termination.