Landlord Reasonably Withheld Consent to Assignment, LTB Rules: Benesh Benny and Rini Pillai v Galaxy Value Add ON Properties L.P 2021
LTB rules landlord reasonably withheld consent to assignment of rental unit based on prospective assignees' financial qualifications
Summarized by RentZenLast updated: July 26, 2024
Case Summary
601 Kipps Lane, London, ON N5Y4V3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Application Date
Apr 2020
Hearing Date
Apr 2021
Order Date
Apr 29, 2021
Dispute Summary
Tenants applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to assign the rental unit.
Determinations
- Landlord's process for evaluating prospective assignees was reasonable
- Landlord did not arbitrarily or unreasonably withhold consent to assignment
Case Study
The Landlord's refusal to consent to the assignment was reasonable based on the information available to them at the time. The Landlord's evaluation of the prospective assignees' financial qualifications, including income, credit score, and credit utilization, was in line with the requirements under the Human Rights Code and case law.
Arguments and Actions
Landlord
Arguments
Landlord argued its refusal to consent to the assignment was reasonable based on the prospective assignees' financial qualifications.
Actions
Landlord evaluated the potential assignees based on credit score, credit utilization, and rent-to-income ratio, and declined the applications that did not meet the Landlord's standards.
Tenant
Arguments
Tenants argued the Landlord arbitrarily or unreasonably withheld consent to the assignment.
Actions
Tenants advertised the unit and found two potential assignees, but the Landlord declined both applications.
Decision Summary
The Tenants' application is dismissed. The Landlord did not arbitrarily or unreasonably withhold consent to the assignment of the rental unit.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,225
Rent Deposit
$1,225
Source
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