Landlords Refuse Consent to Assignment: M D v C H and R H
LTB dismisses tenant's application to determine if landlords unreasonably withheld consent to assignment of rental unit
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
May 2017
Hearing Date
Jul 2017
Order Date
Jul 12, 2017
Dispute Summary
Tenant applied for an order determining that the Landlords arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit. The Tenant was seeking consent from the Landlords to the general concept of an assignment before he began searching for any potential assignee. No actual person or potential assignee was ever presented to the Landlords.
Determinations
- Tenant's A2 application is not relevant or applicable
- Tenant was seeking consent to the general concept of an assignment, not to a specific potential assignee
- Landlords are free to refuse consent to the general concept of an assignment under the Act
- Tenant exercised the option to give a notice of termination after Landlords refused consent
- Tenant's application is dismissed as there is no applicable application for the remedy he is seeking
Case Study
The Tenant's A2 application is not relevant or applicable to the circumstances in this case, as no potential assignee was ever presented. The Tenant exercised the option available to him under the Act to give the Landlords a notice of termination after they refused consent to the general concept of an assignment. The Board determined that the Tenant's application should be dismissed, as there is no applicable application that the Tenant can file with the Board for the remedy he is seeking.
Arguments and Actions
Landlord
Actions
Landlords refused consent to the general concept of an assignment.
Tenant
Arguments
Tenant was hoping to have the Board determine that his notice of termination is valid for the purposes of defending against a Small Claims Court action that the Landlords have brought against the Tenant for unpaid rent.
Actions
Tenant was seeking consent from Landlords to the general concept of an assignment before searching for a potential assignee. No actual person or potential assignee was ever presented to the Landlords.
Decision Summary
The Tenant's A2 application is dismissed, as it is not relevant or applicable to the circumstances in this case. The Tenant had exercised the option to give a notice of termination after the Landlords refused consent to the general concept of an assignment, and the Board determined that there is no applicable application that the Tenant can file with the Board for the remedy he is seeking.
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