Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$186
to Landlord
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Citation: Newell v Henderson, 2024 ONLTB 29624
File Number: LTB-L-055917-23
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Apr 25, 2024
The Landlords proved the Tenants were smoking inside the rental unit, which substantially interfered with the Landlords' and other tenants' rights. However, considering the Tenant Lynda Henderson's personal circumstances, the tenancy will continue if the Tenants comply with the condition to not smoke inside the unit or residential complex. The Tenants must pay the Landlords' application filing fee of $186.
Tenant Lynda Henderson is a senior with limited mobility and relies on Tenant James Henderson as her primary caregiver
Landlords applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment of the residential complex. The Landlords alleged that the Tenants were smoking inside the rental unit, which was discovered during an inspection and violated the lease agreement.
Landlords conducted quarterly inspections and found evidence of smoking inside the rental unit. Landlords also lost a tenant in the main floor unit due to the smell of smoke from the Tenants' unit.
Tenant Lynda Henderson was smoking inside the rental unit, which was discovered during inspections. Tenant James Henderson advised Lynda to stop smoking inside after receiving the N5 notice.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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