Correia v Skelton: Tenant's Interference with Landlord Rights in Toronto
LTB Rules on Tenant Interference: Correia v Skelton Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 6 Park Avenue, Toronto, ON M4E1B6
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2022
Order Date
Feb 23, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlords. The Tenant repeatedly refused entry for maintenance, sent excessive emails, and made unnecessary maintenance requests.
Determinations
- Tenant demonstrated lack of understanding of entry notice requirements
- Tenant made unnecessary maintenance requests
- Tenant repeatedly refused entry for maintenance
- Tenant sent 20-30 emails per day to Landlord
- Tenant's actions substantially interfered with Landlords' rights
- Tenant's behavior caused contractors to refuse work for Landlord
Case Study
The Tenant's actions of repeatedly refusing entry for maintenance, sending excessive emails, and making unnecessary maintenance requests were found to substantially interfere with the Landlords' rights. However, considering the 14-year tenancy, the Board granted relief from eviction with conditions.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's actions substantially interfered with their lawful rights and privileges.
Actions
Landlord served proper 24-hour written notices for entry and attempted to schedule maintenance work multiple times.
Tenant
Arguments
Tenant incorrectly claimed that an N17 (actually N13) notice was required for minor repairs.
Actions
Tenant refused entry for maintenance work, sent 20-30 emails a day to Landlord, made unnecessary maintenance requests, and showed aggressive behavior towards contractors.
Procedural Errors
Tenant misunderstood entry notice requirements and incorrectly cited N17 (N13) notice for minor repairs.
Aggravating Factors
Tenant's repeated refusal of entry, excessive emails, and unnecessary maintenance requests
Decision Summary
The Board ordered the Tenant to not refuse entry when proper notice is served, not make unnecessary maintenance requests, and correspond with the Landlord in a reasonable manner without harassment or excessive emails. If the Tenant fails to comply, the Landlord can apply for termination without notice. The Tenant must pay $186.00 for the application filing cost.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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