Star Towers Ltd v Wakunick -Fuery et al

Tenant wins · Welland · 2023-09-29

Adjudicator

E. Patrick Shea

Dispute

Renovation, Major Repairs, Demolition

Notice

Demolition (N13), Non-payment of rent (N4), Renovation, Major Repairs (N13)

Landlord

Star Towers Ltd

Tenant

S.W., M.W.F., J.L.C.L.

Landlord rep

Peter Giblett

Tenant rep

Claire Hardy

What happened

The landlord applied for an order to terminate the tenancies and evict the tenants due to the landlord's intention to demolish or extensively renovate the rental units. The tenants filed applications alleging the landlord charged illegal rent, entered the rental units illegally, substantially interfered with their reasonable enjoyment, harassed them, withheld vital services, and failed to comply with maintenance obligations.

The ruling

The landlord's L2 applications are dismissed. The landlord failed to provide the required compensation to the tenants by the termination date, and the N13 notices incorrectly stated the work as demolition rather than renovation, depriving the tenants of their right of first refusal. The remaining L1, T1, T2 and T6 applications will be heard together in a hybrid written-electronic hearing.