ET v LW
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: ET v LW, 2015 CanLII 76625 (ON LTB)
File Number: TNT-71482-15
Timeline
Application Date
May 2015
Hearing Date
Aug 2015
Order Date
Sep 15, 2015
Decision
The Landlord is ordered to pay the Tenant a rent abatement of $300 for harassment and substantial interference. The Landlord is prohibited from sending the Tenant any threatening or insulting correspondence.
Dispute
Tenant filed an application alleging that the Landlord harassed and substantially interfered with the Tenant's reasonable enjoyment of the rental unit through threatening phone calls and text messages, as well as requiring the Tenant to clean common areas.
Determinations
- Rental unit is a room in a rooming house
- Landlord's communications on May 4 and May 12, 2015 constituted harassment and substantial interference
- Tenant entitled to $300 rent abatement for harassment and substantial interference
- Landlord responsible for cleaning common areas, not Tenant
- Landlord's service of N12 notice did not constitute harassment or substantial interference
Landlord's Arguments
Arguments
Landlord argued that the Tenant's recording of a conversation between the Landlord and another tenant was obtained improperly and should not be considered.
Actions and Evidence
Landlord agreed that the transcripts of phone calls and text messages provided by Tenant were accurate.
Procedural Errors
Landlord served a defective N12 notice with an incorrect termination date.
Tenant's Arguments
Arguments
Tenant argued that Landlord's communications and requirement to clean common areas constituted harassment and substantial interference.
Actions and Evidence
Tenant provided transcripts of phone calls and text messages from Landlord, which the Landlord agreed were accurate. Tenant also testified about being required to clean common areas.
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