Landlord Wins Unauthorized Occupancy Dispute: Flanagan v 2688679 Ontario Inc
Landlord wins as LTB dismisses tenants' application, finding they were unauthorized occupants, not tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 42 Brock Street West, Uxbridge, ON L9P1P3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jan 2021
Order Date
Dec 29, 2021
Dispute Summary
Tenants applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving them replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlords are obligated to supply under the tenancy agreement.
Determinations
- Tenants were unauthorized occupants, not tenants
- T2 application lacked sufficient particulars and details
Case Study
The Tenants were not tenants in the rental unit, but rather were unauthorized occupants who were evicted from the rental unit by Board order TEL-07099-19, dated August 4, 2020. Even if the Tenants were found to be tenants, the T2 application lacked sufficient particulars and details making it difficult, if not impossible, for the Landlord to adequately respond to the allegations and the ability to defend the Tenants' claims.
Decision Summary
The Tenants' application is dismissed as the Tenants were not tenants in the rental unit, but rather were unauthorized occupants who were evicted from the rental unit by a previous Board order. Even if the Tenants were found to be tenants, the T2 application lacked sufficient particulars and details.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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