Landlord and Tenant Dispute Over Occupancy Transfer and Rent Arrears: Oz v Shearer 2023

Dispute Summary

Landlord applied for an order to terminate the tenancy and evict Tenants due to (a) the Tenants transferred occupancy of the rental unit without consent; (b) the Tenants were consistently late in paying rent; and (c) the Tenants substantially interfered with the Landlord by not paying water bills.

Determinations

• This application was filed on July 9, 2021 as TEL-18713-21
• There are two parts to the application: (a) an A2 application and (b) an L2 application
• There are three other applications between the Landlord and the Tenants
• The Tenants appealed the Hearing Order to the Divisional Court
• The Tenants and Landlord entered into a written tenancy agreement on September 4, 2017
• The Tenants moved out of the unit in about July 2019, lived in a rental property until about March 2021, then moved back to the rental unit until they purchased a house in Port Perry in June 2021
• The Tenants allowed individuals to live in the unit from July to September 2021 while those individuals were looking for permanent accommodations
• The Tenants have paid rent as required by the tenancy agreement, but have not been paying utilities
• The L2 application will be adjourned pending the outcome of the appeal to the Divisional Court

Arguments and Actions