Evictly

Drake v Stafford

Tenant wins · Clinton · 2021-08-05

Adjudicator
Lynn Mitchell
Dispute
Unauthorized Occupants
Landlord
T.D.
Tenant
M.S., R.S.
Landlord rep
D. Drake
Tenant rep
Melissa Stafford

What happened

Landlord applied to terminate the tenancy due to the Tenants transferring occupancy of the rental unit to unauthorized occupants. The Tenants were still in occupation of the unit, so the Landlord's application under Section 100 of the Residential Tenancies Act did not apply.

The ruling

The Landlord's application was dismissed, as the Tenants were still in occupation of the rental unit and there had been no transfer of occupancy to unauthorized occupants. The Landlord may have other remedies available under the Act to address the alleged issue of unauthorized occupants on the property, but those were not considered in this hearing.