Bakir v Okeefe

Landlord wins · Toronto · 2024-03-13

Adjudicator

Ilan Shingait

Dispute

Substantial Interference

Notice

N5 notice – unpaid utilities

Amount

<$5K

Landlord

I.B., IPG Management Group

Tenant

L.O.

Landlord rep

Allistair Trent

Tenant rep

Christine Holubinsky, Rebecca Foster

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to pay utility costs as required under the tenancy agreement, which the Landlord alleges substantially interferes with the Landlord's reasonable enjoyment.

The ruling

The Landlord has proven the grounds for termination of the tenancy due to the Tenant's failure to pay utilities, which substantially interfered with the Landlord's reasonable enjoyment. However, relief from eviction is granted on the condition that the Tenant maintains the utility account in good standing going forward. If the Tenant breaches this condition, the Landlord may apply to terminate the tenancy.