Leyman v Saraco

Landlord wins · Toronto · 2025-08-05

Adjudicator

Colin Elsby

Dispute

Sublet And Assignment

Landlord

A.S.

Tenant

E.L., A.L., N.L.

What happened

The Tenants applied for a determination that the Landlord arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit. The Landlord refused the general concept of assignment, and the Tenants did not have a specific candidate to present for approval. The Board examined whether a Landlord can be found to have unreasonably withheld consent when no specific subtenant or assignee was proposed.

The ruling

The Tenants' application was dismissed. The Board found that because the Tenants did not propose a specific person to assign the unit to, they could not claim the Landlord unreasonably withheld consent. The Landlord was within his rights to refuse the general concept of assignment, and the Tenants' appropriate legal course was to provide a notice of termination.