Case Study

Eviction — Interference with reasonable enjoyment · Newmarket · HOL-11122-21

Ontario LTB order in Newmarket · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: HOL-11122-21
Address: 919 memorial circle, newmarket, on l3x0b6
Form Used: N5
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Denise chan and Huaifeng xu
Landlord Rep: Self Represented
Tenant: Jason smith and Mary butcher
Tenant Rep: Self Represented
Adjudicator: Randy Aulbrook
Keywords: eviction, interference with reasonable enjoyment

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 Findings & determinations

It is ordered that: 1. The Tenant (MB) shall for the duration of this tenancy, upon being provided with a notice of entry in accordance with section 27 of the Act, the Tenant shall allow the Landlord or an Agent of the Landlord access to the unit for the purposes of inspections of the unit and/or to show the rental unit to prospective buyers. 2021 CanLII 138936 (ON LTB) File Number: HOL-11122-21 Order Page 3 of 3 2. In the event that the Tenant fails to comply with the requirements of paragraph 1 above, the Landlord shall be entitled to apply to the Board, without any notice to the Tenant, for an order terminating the tenancy and evicting the Tenants, pursuant to Section 78 of the Residential Tenancies Act 2006. The Landlord must make this application to the Board no later than 30 days after a breach of the order by the Tenant. 3. The Tenants shall also pay to the Landlords $186.00 for the cost of filing the application. 4. If the Tenants do not pay the Landlords the full amount owing on or before October 30, 2021, they will start to owe interest. This will be simple interest calculated from October 31, 2021 at 2.00% annually on the balance outstanding. 5. If the Tenants do not pay the Landlord the full amount owing on or before October 30, 2021, the Tenants will start to owe interest. This will be simple interest calculated from October 31, 2021 at 2.00% annually on the balance outstanding. October 15, 2021 Date Issued Randy Aulbrook Member, Landlord and Tenant Board Head Office 777 Bay Street, 12th Floor Toronto Ontario M5G2E5

💡 Summary points

applied for an order to terminate the tenancy and evict Jason Smith (JS) and Mary Butcher (MB) (the 'Tenants') because a) they, another occupant of the rental unit or someone they permitted in the residential complex have substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The Landlords also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard via video/teleconference on October 7, 2021.
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🧑‍⚖️ Same adjudicator

Randy Aulbrook

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