Landlord Wins Safety Dispute: Rayner v Pidgeon 2024
North Bay landlord wins safety dispute, granted conditional order to preserve tenancy
Summarized by RentZenLast updated: October 13, 2024
Case Summary
242 Worthington St W, North Bay, ON P1B3B4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Apr 18, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to the Tenants seriously impairing the safety of other persons in the residential complex. The Landlord alleged the Tenants failed to properly prepare the rental unit for pest control treatments, including failing to remove flammable and explosive materials, which posed a serious safety risk.
Determinations
- Landlord served valid N7 notice
- Tenants in possession on application date
- Landlord incurred $7,000 in pest control costs
- Tenants failed to properly prepare unit for treatments
- Tenants kept flammable/explosive materials in unit
- Tenants' actions seriously impaired safety
Arguments and Actions
Landlord
Actions
Landlord testified they provided instructions for unit preparation before each pest control treatment, including removing flammable/explosive items. Landlord's witness testified they found propane canisters, paint, and gear oil in unit during July 2022 treatment.
Tenant
Actions
Tenants testified they were never made aware of requirement to remove flammable/explosive items prior to heat treatments. Tenants re-entered unit when asked by technicians or Landlord to remove hazardous materials.
Decision Summary
The Landlord proved the Tenants seriously impaired the safety of others by storing flammable/explosive materials in the unit during pest control treatments. However, the LTB granted relief from eviction and ordered the Tenants to comply with requirements for pest control treatments, with the Landlord able to apply for eviction if the Tenants fail to comply.
Reason for Eviction Relief
Tenants' income sources are Ontario Works, ODSP, and EI. Tenants have resided in unit for 8 years. Conditional order allows opportunity to preserve tenancy.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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