Galliford v Howes

Tenant wins · Oshawa · 2022-02-09

Adjudicator

Greg Joy

Dispute

Breach of Conditions

Notice

Tenant rights (N7)

Landlord

J.G., E.G.

Tenant

K.H.

Landlord rep

Han Hao

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant, alleging willful damage to the premises and use of the rental unit inconsistent with residential purposes. Landlords claimed Tenant removed a light fixture, repainted trim, baseboard and walls, repaired a wall, and was running a hair styling salon in the unit.

The ruling

The Landlords' application for termination of tenancy and eviction was dismissed. The Board found that the allegations made by the Landlords did not meet the legal threshold for termination under the N7 notice, as they did not constitute willful damage or inconsistent use that would reasonably be expected to cause serious damage to the rental unit.