Smith v Lehan

Dispute

Determinations

Tenant keeps farming equipment on the side of the house on consent of the Landlord
In 2019, the Landlord was advised by the Municipality that the belongings outside the house needed to be removed in accordance with municipal bylaws regarding waste
Parties agree that the Tenant should be permitted to keep the items on the side of the house as these items are necessary for farming, which is the Tenant's source of income that is required to support his family and feed the community
Parties submitted that the LTB should issue the consent order to permit the Tenant to keep his equipment outside the rental unit notwithstanding the instruction from the municipality
The LTB does not have authority to bind the municipality or to weigh in on bylaw enforcement
The municipality is not a party to this application, and this is not the appropriate forum to challenge municipal bylaw enforcement
The Tenant brought an application to the Board for an Order that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex, but the Tenant in fact makes no such claim against the Landlord
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