WESTDALE PROPERTIES v AKKILA

Tenant wins · Toronto · 2025-04-17

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent, Tenant-initiated Termination

Notice

Tenant-initiated termination (N9)

Landlord

WESTDALE PROPERTIES

Tenant

M.W.A.

Landlord rep

E. Fera

What happened

The Landlord applied to collect rent they alleged the Tenant owed after vacating. An initial order was granted in the Landlord's favor. The Tenant requested a review of that order, stating they were not able to participate in the original hearing and the order contained a serious error. The Tenant had requested to assign their unit, but the Landlord did not respond within the legally required 7 days. This entitled the Tenant to give a 30-day notice to terminate (N9), which they did. The Board found the Tenant's termination was lawful, granted the review, overturned the original order, and dismissed the Landlord's application.

The ruling

The Tenant's request to review order LTB-L-068709-24 is granted, and the order is overturned. The Board found a serious error in the original decision and that the Tenant was unable to participate. The Tenant had lawfully terminated the tenancy after the Landlord failed to respond to an assignment request within 7 days. Consequently, the Landlord's application to collect rent is dismissed.