R.H. v [Numbered Company] o/a G.P.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: R.H. v [Numbered Company] o/a G.P., 2017 CanLII 60357 (ON LTB)
File Number: TET-79769-17
Timeline
Application Date
Mar 2017
Tenancy End Date
May 2017
Hearing Date
Jun 2017
Order Date
Jul 14, 2017
Decision
The Tenant's application is dismissed. While the Landlord failed to respond to the Tenant's request to assign the lease within 7 days as required by the Act, the evidence did not justify the abatement of rent remedy sought by the Tenant.
Dispute
Tenant applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to assign the rental unit.
Determinations
- Landlord is a corporation, not the individual agent
- Tenant requested consent to assign lease to potential assignee on March 22, 2017
- Landlord did not respond with approval or denial within 7 days
- Tenant served N9 notice to terminate tenancy effective May 31, 2017
- Landlord refused to accept Tenant's N9 notice as valid
Landlord's Arguments
Arguments
Landlord argued that 'the landlord does not respond within seven days' means the landlord cannot ignore the request and must respond within seven days, but the actual approval or denial may take longer than the seven days.
Actions and Evidence
Landlord's agent said he would look over the application but first wanted to inform the potential assignee about previous bed bug issues in the building. The potential assignee did not follow up.
Tenant's Arguments
Arguments
Tenant argued that 'the landlord does not respond within seven days' means the landlord must say yes or no to the potential assignment within the seven day period.
Actions and Evidence
Tenant moved out of rental unit to ensure potential assignee could move in right away.
Similar Cases
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B***** Benny and R*** Pillai v Galaxy Value Add ON Properties L.P
LTB rules landlord reasonably withheld consent to assignment of rental unit based on prospective assignees' financial qualifications.
G** CU and MU v DT and BH
Landlords prevail in Ottawa rental dispute, tenants ordered to pay $1,330 in rent arrears.
Landlord did not unreasonably refuse tenant's request to assign rental unit.
B***** Benny and R*** Pillai v Galaxy Value Add ON Properties L.P
LTB rules landlord reasonably withheld consent to assignment of rental unit based on prospective assignees' financial qualifications.
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