Caslangen v De Maiwat

Tenant wins · Scarborough · 2022-02-16

Adjudicator

Randy Aulbrook

Dispute

Illegal Act, Safety Concerns

Notice

Impairing safety (N7), Illegal act or misuse of property (N6)

Landlord

M.E.C., N.C.

Tenant

L.D.M., R.L.D.M., R.K.D.M., C.D.M.

What happened

Landlords applied to terminate tenancy and evict Tenants, alleging illegal acts, property damage, and safety concerns. Landlords claimed Tenants possessed illegal drugs and drug paraphernalia, which posed a safety risk. The application was based on N6 and N7 notices served to the Tenants.

The ruling

The Landlord and Tenant Board dismissed the Landlords' application to end the tenancy and evict the Tenants. The Board found that the Landlords failed to provide sufficient evidence to prove their allegations of illegal acts or safety concerns on a balance of probabilities.