Interference with Lawful Right (Tenant denies lawful entry)

[[Category:Interference of Reasonable Enjoyment (LTB) ]]

SWL-40708-12 (Re), 2013 CanLII 17701 (ON LTB)

Determinations:

1. The Tenant was in possession of the rental unit on the date the application was filed.

2. The Tenant did not pay the total rent she was required to pay for the period from October 1, 2012 to October 31, 2012.

3. The Tenant’s Agent failed to substantiate his allegations that there exists a reasonable apprehension of bias.

4. Pursuant to the provisions of s. 23(1) of the S.P.P.A., the Tenant’s Agent was not permitted to give evidence in the proceedings. The Tenant’s Agent was permitted the opportunity to cross-examine the Landlord’s evidence, to make s. 83 submissions, and to make closing submissions.

5. The Tenant, through her Agent refused entry to the Landlord pursuant to lawful notice of entry given on September 19, 2013 for entry September 20, 2013.

6. This conduct substantially interferes with a lawful right of the Landlord.

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10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the condition(s) set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act.

It is ordered that:

1. The Landlord’s application for eviction of the Tenant is denied on the condition that:

2. For a period of 1 year from the date of this order, the Tenant shall permit entry to the rental unit pursuant to lawful notice of entry served by the Landlord.

3. If the Tenant fails to comply with the conditions set out in paragraph 2 above, then, within 30 days of the breach, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant.

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