Landlord Loses Eviction Case Over Fire Code Violations: London & Middlesex Community Housing v Betterley
Tenant avoids eviction in London fire code violation case, given one more chance to comply
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 241 Simcoe Street, London, ON N6B3L4
Decision in favor of
tenant
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2021
Order Date
Jun 3, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant storing an excessive amount of combustibles in the rental unit, which seriously impaired the safety of the Tenant, other residents, staff, and emergency personnel.
Determinations
- Landlord served valid N7 Notice
- Rental unit was in extremely cluttered condition
- Fire Department issued order to Tenant to bring unit into compliance within 15 days
- Tenant's collection of items increases fire risk and endangers others
- Tenant has history of repeated Fire Code violations
Case Study
The Landlord has been before the Board several times regarding the Tenant's pattern of conduct. The Tenant complies while an agreement or Board order is in place, but reverts to collecting an excessive amount of items in the rental unit after the agreement or order is no longer in effect. The Tenant has been given opportunities to remedy the situation and has declined offered supports. However, considering the Tenant's health issues exacerbated by the pandemic, it would not be unfair to give the Tenant one more chance to save the tenancy, subject to conditions.
Arguments and Actions
Landlord
Arguments
Tenant's pattern of conduct is such that the Tenant complies while an agreement or a Board order is in place, but reverts to collecting an excessive amount of items in the rental unit after the agreement or order is no longer in place.
Tenant
Arguments
Tenant has been dealing with health issues exacerbated by the current pandemic.
Actions
Tenant has now for the most part cleaned up the unit in accordance with Fire Code order. Tenant is willing to accept help and bring the unit into compliance.
Decision Summary
The Tenant is ordered to be in full compliance with the Fire Code Order issued on March 2, 2021 by June 30, 2021. If the Tenant complies, they must maintain the rental unit in a state of ordinary cleanliness for a further one-year period starting on July 1, 2021. The Landlord may inspect the unit to ensure compliance. The Tenant must also pay the Landlord $186 for the cost of filing the application. If the Tenant does not pay the full amount by June 30, 2021, they will start to owe simple interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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