Lacelle v Belanger

Landlord wins · CHELMSFORD · 2024-09-25

Adjudicator

Ruth Carey

Dispute

Damage to Property, Substantial Interference

Amount

<$5K

Landlord

C.L., S.P.

Tenant

M.B.

Landlord rep

Ashley Friel

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the Landlords' reasonable enjoyment or lawful right, privilege or interest, and wilful or negligent damage to the premises. The Landlords also applied for an order requiring the Tenant to pay for the cost of repairing the damage.

The ruling

The Landlords' evidence was insufficient to establish the Tenant broke the window or left possessions in common areas. However, the Tenant's behavior in expropriating the exterior common area substantially interfered with the Landlords' lawful rights. A conditional order is granted, requiring the Tenant to remove the fire pit and possessions from the exterior area and refrain from placing personal items outside without consent. The Tenant must also pay the $186 application fee.