York University v CW

Tenant wins · 2018-02-14

Dispute

Substantial Interference

Notice

Substantial interference

Landlord

Y.U.

Tenant

C.

Landlord rep

RM

Tenant rep

EK

What happened

Landlord applied to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord. The Tenant was no longer enrolled in classes at the university, which was a condition of the tenancy agreement.

The ruling

The application is dismissed. The Tenant's non-enrollment in classes does not constitute 'conduct' within the meaning of the RTA's substantial interference provisions, and the Landlord did not follow the proper process to terminate the tenancy.