Zheng v Yue

Split/Other wins · Markham · 2024-04-24

Adjudicator

Kyle Anderson

Dispute

Damage to Property, Substantial Interference

Notice

N5 Notice of Termination

Amount

<$5K

Landlord

X.Y.Z.

Tenant

P.H.Y., M.S.L.

Landlord rep

Xiangyu Luo Luo

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the Landlord's reasonable enjoyment or lawful right, privilege or interest, and wilful or negligent damage to the premises. The Landlord alleged the Tenants cancelled showings, refused to allow further showings, and caused damage to the hardwood floors.

The ruling

The Landlord proved the Tenants substantially interfered with the Landlord's reasonable enjoyment by refusing access for showings, but did not prove the Tenants caused undue damage to the premises. The Tenancy is continued on the condition the Tenants allow the Landlord access for showings. If the Tenants breach the condition, the Landlord can apply to terminate the tenancy without notice.