Last updated: July 30, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Application Date
Mar 2017
Tenancy End Date
May 2017
Hearing Date
Jun 2017
Order Date
Jul 14, 2017
The Tenant's application is dismissed. While the Landlord failed to respond to the Tenant's request to assign the lease within 7 days as required by the Act, the evidence did not justify the abatement of rent remedy sought by the Tenant.
Tenant applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to assign the rental unit.
Landlord argued that 'the landlord does not respond within seven days' means the landlord cannot ignore the request and must respond within seven days, but the actual approval or denial may take longer than the seven days.
Landlord's agent said he would look over the application but first wanted to inform the potential assignee about previous bed bug issues in the building. The potential assignee did not follow up.
Tenant argued that 'the landlord does not respond within seven days' means the landlord must say yes or no to the potential assignment within the seven day period.
Tenant moved out of rental unit to ensure potential assignee could move in right away.
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