H.B v M.H

Split/Other wins · 2018-04-25

Dispute

Serious Impairment of Safety

Notice

N7 (Termination for Serious Impairment of Safety)

Landlord

M.

Tenant

H.

Landlord rep

P.M

Tenant rep

J.D

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to an alleged assault by the Tenant against a neighbour, D.L., on November 25, 2017. The Landlord served an N7 notice on this basis.

The ruling

The Tribunal granted the Tenant relief from eviction subject to strict conditions prohibiting the Tenant from contacting the neighbour D.L. or going to her floor of the building. The Tribunal found that the assault was an isolated, impulsive incident and that the Tenant's mental health issues likely contributed to it. The Tribunal determined that it would not be unfair to give the Tenant a chance to preserve his tenancy under these conditions.