Tenant Wins Assignment Rights: Kredl v Schoffer 2024
Tenant successfully challenges landlord's refusal to assign lease to existing occupant
Summarized by RentZenLast updated: November 14, 2024
Case Summary
69 South Oval, Hamilton, ON L8S1P7
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Jan 2024
Order Date
Mar 15, 2024
Dispute Summary
Tenant applied for an order determining that Landlords arbitrarily or unreasonably withheld consent to assign the rental unit to a potential assignee, Tinson Chen.
Determinations
- Assignment request made on February 3, 2023
- Landlords refused consent on February 8, 2023
- Tinson Chen was an existing occupant
- Original joint tenants were Ivan Kredl and Maya Eriksen
Case Study
Landlord unreasonably refused assignment without attempting to verify consent from all joint tenants
Arguments and Actions
Landlord
Arguments
Cannot assign without consent of all joint tenants
Actions
Refused assignment without verifying consent from all joint tenants
Procedural Errors
Failed to seek clarification about joint tenant consent
Aggravating Factors
Attempting to prevent assignment to potentially raise rent
Tenant
Arguments
Landlords arbitrarily refused consent to assignment
Actions
Requested assignment of tenancy to Tinson Chen, who was already an occupant
Decision Summary
The assignment of the tenancy to Tinson Chen is authorized effective February 8, 2023, the date the assignment was unreasonably refused. No monetary damages were awarded.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
Need assistance from an expert?
Sponsored
Financial Details
Other Owed Amount
$5,250
Claimed emotional damages
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.