In the case of the Rental Housing Act, a written tenancy agreement must have a clause authorizing the landlord to terminate. It was perhaps the best case for a tenant to challenge the forfeiture provision. Here, the tenant had not respected the term of insurance of the lease for 15 years. In addition, the insurance benefit benefited only the tenant and the landlord was unable to indicate a reason why insurance did not harm the landlord. Finally, while a 3-day delay on a Friday before a national holiday was technically legal, the court found that the landlord is playing the system and perhaps retaliatory measures, as there is no reasonable possibility for the tenant to obtain insurance on time. If a tenant or landlord does not comply with their contractual obligations or arrives late, the innocent person or victim may terminate the contract due to injury. While it may be difficult to define the types of offences that should be committed through written communications or self-help, it is generally accepted that less serious offences are most common through mutual assistance. A material offence must be quite serious. For example, an owner who shows up once in your property without informing you properly may have breached the agreement, but this is not really a significant offence. However, an owner who regularly enters your property without notice may have significantly violated the contract. In court, the accused stated that she had been out of tenant insurance since moving into the premises in 1998.
Nor did she receive such assurance after receiving the 3-day delay. The court found that the accused`s failure to obtain such insurance was not a substantial offence and that, as such, he was unable to support a cancellation of the lease. The owner appealed. To overcome previous decisions requiring a breach of a lease agreement, many lenders have included an expiry provision in the lease. However, this decision confirms that such a provision does not alter the underlying law and is not sufficient to permit the termination of a tenancy agreement for a minor offence. Whereas in this case it was a controlled dwelling, there is no reason to think that it would not apply to all housing units. The lease is terminated and the relationship between the parties is broken. If the person does not repair the offence, action can be taken. In the event of a substantial breach, tenants can take corrective action to resolve the issue.