Use of a service not included in the lease
The tenants filed an application with the Administrative Housing Tribunal seeking a declaration that a parking space has been part of their lease since June 1, 2010, and an order requiring the landlord to free up the parking space as of June 1, 2010 and to guarantee them its use at all times.
The tenant testified that she has always used the parking space without restriction. Rent cheques always stated “parking included” and were always cashed without reservation by the former landlords, who are very elderly.
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