Sabaratnam and Anand v Birasanzwe

Tenant wins · Toronto · 2022-01-26

Adjudicator

Sonia Anwar-Ali

Dispute

Abandonment

Notice

Non-payment of rent (N4)

Landlord

H.A., M.S.

Tenant

F.B.

What happened

Landlords applied for an order terminating the tenancy on the basis that the Tenant had abandoned the rental unit. The Tenant did not physically move back into the rental unit after renovations were completed, and the Landlord was unable to reach the Tenant about unpaid rent.

The ruling

The Board dismissed the Landlords' application for termination of the tenancy on the ground of abandonment, finding that the evidence did not establish that the Tenant had unilaterally terminated the tenancy by abandoning the rental unit.