Landlord Ordered to Pay Tenant $134 for Interfering with Enjoyment: Elmi Anvari v Wanniappa 2021
Landlord ordered to pay Tenant $134 for failing to promptly restore FOB access, interfering with reasonable enjoyment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
633 Bay Street, Toronto, ON M5G2G4
Decision in favor of
landlord
Balance Owed to Tenant
$134
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Apr 2020
Hearing Date
Oct 2021
Order Date
Dec 15, 2021
Dispute Summary
Tenant applied for an order determining that Landlord and Landlord's agent altered the locking system on a door giving entry to the rental unit or residential complex without giving them replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and withheld or deliberately interfered with the reasonable supply of a vital service.
Determinations
- Tenant's FOB key was deactivated by Condo Corp, not Landlord
- Landlord did not instruct Condo Corp to deactivate FOB key
- Landlord could have assisted Tenant by adding partner to lease
- Tenant has right to have guests and visitors under the Act
- Superintendent is Condo Corp employee, not Landlord's agent
Case Study
The Landlord did not directly alter the locking system or withhold a vital service, but failed to take reasonable measures to have the Tenant's FOB key reactivated in a timely manner, which substantially interfered with the Tenant's reasonable enjoyment.
Arguments and Actions
Landlord
Arguments
Superintendent is Condo Corp employee, not Landlord's agent, Landlord not obligated to add Tenant's partner to lease
Actions
Landlord did not instruct Condo Corp to deactivate FOB key, Landlord contacted Condo Corp to inquire about reactivating key
Tenant
Arguments
Condo Corp should be considered Landlord's agent, Tenant has right to have visitors
Actions
Tenant's partner began residing in the rental unit during COVID-19 lockdown, Condo Corp deactivated Tenant's FOB key
Decision Summary
The Landlord substantially interfered with the Tenant's reasonable enjoyment by failing to take reasonable measures to have the Tenant's FOB key reactivated in a timely manner. The Landlord is ordered to pay the Tenant $86 in rent abatement and $48 in application filing costs.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$2,275
Total Owing
$134 (Owed to Tenant)
Source
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