Savard v Brigil

Tenant wins · Ottawa · 2021-11-12

Adjudicator

Kevin Lundy

Dispute

Assignment

Amount

<$5K

Landlord

B.

Tenant

E.S.

Landlord rep

Roxanne Lacroix

What happened

Tenant applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to assign the rental unit. The Tenant requested the option to transfer the tenancy when the lease was negotiated, and the Landlord's agent agreed. The Tenant later sought to assign the tenancy but the Landlord refused to consent unless the assignee paid the full market rent, which violated the terms of the tenancy agreement.

The ruling

The Tenant is authorized to assign the rental unit to C.B. The Landlord shall pay the Tenant $3,600 as an abatement of rent and $53 for the cost of filing the application. The Landlord must pay the full amount owing by November 23, 2021, or will owe simple interest at 2% on the outstanding balance.