Maksym Wawruch v Waite

Tenant wins · Hamilton · 2024-10-04

Adjudicator

Dawn Carr

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.W.

Tenant

B.W.

Landlord rep

Leo Corsetti

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Landlord withdrew the substantial interference application after the evidence was heard on the non-payment application.

The ruling

The Tribunal dismissed the Landlord's L1 application for eviction due to non-payment of rent. The Tribunal found that the Landlord was responsible for providing heat in the rental unit, and the Tenant's non-payment of rent was justified due to the Landlord's failure to do so. The Landlord was given an opportunity to continue the L1 application as an arrears only application without eviction, but did not respond.