Burrill v Falardeau

Tenant wins · Maberly · 2024-03-19

Adjudicator

Colin Elsby

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

M.B.

Tenant

A.F., K.F.

Landlord rep

Jenna Deforge

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to their failure to pay utility bills as required by the tenancy agreement. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Landlord's application is dismissed as the Landlord failed to prove, on a balance of probabilities, that the Tenant substantially interfered with the Landlord's reasonable enjoyment or lawful right, privilege or interest. The evidence did not establish the existence of the alleged term in the verbal lease agreement that the Tenant was required to pay utility charges above $150.