Refusal to Assign or Sublet Tenancy (LTB)

Residential Tenancies Act, 2006, S.O. 2006, c. 17

95 (4) A tenant may give the landlord a notice of termination under section 96 within 30 days after the date a request is made if,

(a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent;

(b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made;

(c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or

(d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. 2006, c. 17, s. 95 (4).

96 (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 95 (4) apply.

98 (1) A tenant or former tenant of a rental unit may apply to the Board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.

(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. 2006, c. 17, s. 98 (2).

(3) If the Board determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under subsection (1), the Board may do one or more of the following:

1. Order that the assignment or sublet is authorized.

2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.

3. Order that the tenancy be terminated.

4. Order an abatement of the tenant’s or former tenant’s rent. 2006, c. 17, s. 98 (3).

(4) The Board may establish terms and conditions of the assignment or sublet. 2006, c. 17, s. 98 (4).

(5) If an order is made under paragraph 1 or 2 of subsection (3), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 2006, c. 17, s. 98 (5).

EAT-61174-16 (Re), 2017 CanLII 49011 (ON LTB)

1. KW indicated that she signed the lease as a guarantor. The rental unit was occupied by her son, M. W. (MW). The lease was for the period of April 1, 2016 to March 31, 2017 at an amount of $1,000 per month. The rental unit is a basement suite in a house, of which the main portion is occupied by the Landlord and his family. The Tenants paid a last month’s rent deposit and provided the Landlord with postdated monthly rent cheques for every month up to and including February 2017.