Deng v Khan and Sayed

Tenant wins · Toronto · 2021-10-20

Adjudicator

Douglas Wilkins

Dispute

Impaired Safety, Inconsistent Use, Substantial Interference

Notice

N5, N7

Amount

<$5K

Landlord

T.D.

Tenant

A.K., M.S.

Landlord rep

Edward Choi

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to allegations of substantial interference, impaired safety, and inconsistent use of the rental unit. The Landlord alleged incidents of excessive noise, violations of COVID-19 protocols, and other conduct that the Landlord claimed warranted termination of the tenancy.

The ruling

The Landlord's application was dismissed. The Tribunal found that the Landlord did not prove a serious impairment of safety or an inconsistent use, and the Landlord's claim for legal fees was not valid under the Act.