17. In the case before me, Unit 211 was considered uninhabitable by the municipal authorities. Six months after the laundry explosion, the unit remained under construction and still had to be approved by the municipal councillors for the occupation. In these circumstances, it is reasonable to conclude that the original lease was thwarted by a catastrophic and unexpected event. 34 (1) Unless the landlord agrees, a tenant cannot give up a lease or sublet a rental unit. (a) a weekly, monthly or periodic lease under a lease agreement that remains under this Act until its termination, and (i) communications, decisions, orders or agreements that are entered into pursuant to Part 5.1 or their summaries; A party who disagrees with the fact that the lease has been frustrated may seek a dispute settlement for a property order. 21. I think that, based on the evidence I have, I agree with the statements of the MJB on this point: What happened here is that the landlord illegally locked up the tenant and later worked on the complex to eliminate the units and supposedly turn it into a family apartment where the owner and his family now live. The lessor who broke the law with respect to this lease; Cannot benefit from its illegal lockout and modifications to the building to say that the lease cannot be sued because the unit it is its duty to maintain under Law s.20 is no longer habitable or no longer exists. The landlord has not legally terminated this rental agreement and provides the tenant with a self-contained space of about 200 square meters with access to a kitchen and a bathroom, in accordance with the deadline set out in the order below. While I have taken into account the fact that this treaty is frustrated, as provided for in question 19 of the act, as requested by MJB, I am not convinced that the unit no longer exists or is uninhabitable. Moreover, as the MJB also points out, the landlord should not be allowed to avoid «uncomfortable rent» by his own disregard for the procedures of the law only by his own illegal lockout actions of the tenant.
A lease agreement is frustrated when an unexpected event occurs outside the reasonable control of any arrival case that prevents the initial conditions of a lease, or if the conditions can only be met in a substantially different way than expected.