Lutfallah v Gascon

Tenant wins · Windsor · 2021-12-16

Adjudicator

Dawn Wickett

Dispute

Damage to Property, Safety Impairment

Notice

N7 (Termination for Damage or Impairment of Safety)

Landlord

H.L.

Tenant

T.G.

Tenant rep

Tasha Donnelly

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to allegations that a guest of the Tenant, Cecilia Coutre, wilfully or negligently caused undue damage to the premises and seriously impaired the safety of other Tenants in the residential complex.

The ruling

The Landlord's application was dismissed as the Landlord failed to establish that the Tenant or a guest of the Tenant was responsible for the damage and safety impairment. The evidence showed that Cecilia Coutre illegally entered the residential complex and caused the damage, and the Tenant was not involved in the incident.