Smith v Thompson and Mason

Tenant wins · Hagersville · 2022-01-07

Adjudicator

Dawn King

Dispute

Substantial interference

Notice

Voidable Notice of Termination

Amount

<$5K

Landlord

D.S.

Tenant

W.M., P.T.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on a voidable Notice of Termination served on the Tenants on August 17, 2020 with a termination date of September 6, 2020 because the Tenants failed to pay utilities in the amount of $1,400.00.

The ruling

The Landlord's application is dismissed. The Board has no jurisdiction to award the cost of the outstanding utilities since they are charged separately from the rent.