Priftis v Shuhaiber

Landlord wins · Scarborough · 2025-06-20

Adjudicator

Dale Whitmore

Dispute

Sublet / Assignment Dispute

Landlord

R.S.

Tenant

G.P., N.P.

Landlord rep

Naseer Ahmed

What happened

The Tenants filed an application claiming the Landlord unreasonably refused consent to sublet the unit. However, the LTB determined the situation was not a sublet under the RTA, as the Tenants still resided in the unit and had merely brought in other occupants. The RTA only requires landlord consent for sublets where the original tenants vacate. Since the facts did not constitute a sublet, the application was dismissed.

The ruling

The Tenants' application, which alleged the Landlord unreasonably withheld consent to sublet, was dismissed. The LTB found that the situation did not meet the legal definition of a sublet under the RTA because the Tenants had not vacated the unit. They were merely living with other occupants, for which landlord consent is not required.