Parveen v Carter

Tenant wins · Stoney Creek · 2025-02-07

Adjudicator

Jane Dean

Dispute

Non-payment of Rent, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

<$5K

Landlord

S.P.

Tenant

L.C.

Landlord rep

Vijayant Sood

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and the Landlord's personal use of the rental unit. The Tenant raised issues under Section 82 of the Residential Tenancies Act, alleging the Landlord failed to maintain the rental unit in a fit state of habitation and substantially interfered with the Tenant's reasonable enjoyment.

The ruling

The Board found the Landlord in serious breach of maintenance obligations under the Residential Tenancies Act and substantially interfered with the Tenant's reasonable enjoyment. As a result, the Board refused to grant the eviction application. The Landlord was ordered to repair and remediate issues with mold, the exterior yard, and the kitchen sink. The Tenant was awarded a 35% rent abatement and the return of the rent deposit interest.