Landlord Wins Substantial Interference Case: Revell v Allicock 2024
Toronto landlord granted conditional eviction of tenant who substantially interfered with landlord's right to access rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 50 Turntable Cres, Toronto, ON M6H4K9
Decision in favor of
landlord
Balance Owed to Landlord
$3,407
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Sep 2022
Application Date
Apr 2023
Hearing Date
Jul 2024
Order Date
Aug 29, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with Landlord's lawful rights, privileges, or interests. Tenant filed a T2 application alleging Landlord substantially interfered with Tenant's reasonable enjoyment and harassed Tenant.
Determinations
- Tenant altered locking system without Landlord's consent
- Tenant reinstalled original lock during void period of N5
- Tenant substantially interfered with Landlord's realtor and appraiser access
- Tenant denied realtor access on 9 occasions
- Landlord negotiated in good faith to accommodate Tenant's showing schedule
- Tenant's demands were too restrictive and not in accordance with Act
- Landlord incurred $3,220.93 in reasonable out-of-pocket expenses
- Tenant did not prove Landlord breached responsibilities under Act
- Tenant's PTSD and ADHD did not cause the interference issues
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on September 8, 2022, without paying full rent arrears.
Decision Summary
Landlord's L2 application granted, but Tenant granted conditional relief from eviction. Tenant must comply with conditions to retain tenancy, including allowing Landlord access for appraisals and real estate showings. Tenant ordered to pay Landlord $3,406.93 in expenses and application fees.
Reason for Eviction Relief
Tenant's mental health issues and single parent status
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Application Fee
$186
Rent Deposit
$2,768
Deposit Interest
$58
Total Owing
$3,407 (Owed to Landlord)
Source
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