A**** Manuel v Ali
Last updated: July 22, 2024
Order
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Agree with the ruling?
Citation: A**** Manuel v Ali, 2022 CanLII 137868 (ON LTB)
File Number: CET-92719-20
Timeline
Application Date
Feb 2020
Hearing Date
Dec 2021
Order Date
Mar 7, 2022
Decision
The Landlord is ordered to pay the Tenants a total of $3,000, including $1,050 for harassment and substantial interference, $1,660 for failure to repair appliances and provide garage opener, and $240 for out-of-pocket laundry expenses. The Landlord must pay the full amount by March 18, 2022, or will owe interest.
Dispute
Tenants applied for orders determining that the Landlord collected or retained money illegally, harassed, obstructed, coerced, threatened or interfered with them and substantially interfered with their reasonable enjoyment of the rental unit, and failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Landlord failed to repair washer, dryer and dishwasher, and did not provide automatic garage door opener
- Landlord's conduct of pressuring Tenants to move and threatening eviction without legal reason constituted harassment and substantial interference
- Residential complex is a 3-story house with separate kitchen, bathroom and laundry facilities
- Tenants moved in on June 1, 2018 and vacated in May 2020
- Tenants' applications filed on February 10, 2020, so events prior to February 10, 2019 are dismissed
Landlord's Arguments
Actions and Evidence
Landlord testified he just enquired if Tenants were interested in relocating, and did not pressure them to move
Considerations
Frequently pressured Tenants to move and threatened eviction without legal reason
Tenant's Arguments
Similar Cases
Click to switch between order outcomes
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Irwin v 869797 Ontario Limited
A tenant's harassment application was dismissed as moot because the tenant had already vacated the rental unit and her request to amend remedies was refused.
Engel v Waterloo Regional Housing
The LTB dismissed the tenant's application alleging substantial interference and harassment because the allegations were not proven on a balance of probabilities.
Ferk v Ottawa Community Housing Corporation
The Landlord and Tenant Board denied a tenant's review request, finding no serious error or denial of procedural fairness in the original order concerning maintenance and tenant rights.
Webster v 1100 MS W Inc.
An LTB order dismisses a tenant's application alleging substantial interference and harassment concerning maintenance issues and an N5 notice.
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