Miller v Ireland

Landlord wins · Hamilton · 2025-07-03

Adjudicator

Mayra Sawicki

Dispute

Substantial Interference, Tenant Rights

Landlord

J.I., Equiton Inc., A.R.

Tenant

M.M.

Landlord rep

D. Abraham

Tenant rep

M. Kenan Can, E. Chung

What happened

The Tenant filed a T2 application against the Landlords alleging substantial interference with reasonable enjoyment, interference with vital services, and failure to provide 72 hours for property removal after a Sheriff eviction. A preliminary issue arose regarding whether the Tenant was actually a lawful tenant of the corporate Landlord or a subtenant of the individual Landlord 3.

The ruling

The application was withdrawn by the Tenant after the Board determined that the corporate Landlord and its employee were not the Tenant's legal landlords. As the Tenant was unable to locate or serve the actual former tenant (who acted as a landlord), the file was closed.