The tenant appealed an eviction order of the Landlord and Tenant Board.
The Divisional Court found that the Board applied an incorrect or incomplete legal test by only considering the discretionary provision under s. 83(1) of the Residential Tenancies Act, 2006, and failing to consider the mandatory provision under s. 83(3).
The Board had explicitly found that the landlord substantially interfered with the tenant's reasonable enjoyment, which could constitute a serious breach under s. 83(3).
The appeal was allowed and the matter remitted to the same board member for reconsideration.
