Landlord Ordered to Address Noise Interference in Rental Unit: Medallion Corporation v. McIlroy 2023
Landlord ordered to investigate soundproofing options to address noise issues caused by neighboring tenant's autistic child
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenant
$7,420
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Sep 21, 2023
Dispute Summary
Tenant applied alleging interference with his reasonable enjoyment of his rental unit due to noise from the adjacent unit, which was caused by a child with autism who lived next door. The Landlord had sent notices to the neighbouring tenant in response to the complaints, but the issue persisted.
Determinations
- Noise was caused by a child with autism living in the adjacent unit
- Landlord had sent notices to the neighbouring tenant in response to the complaints, but the issue persisted
- Landlord did not investigate other noise suppression techniques such as adjusting the insulation between the units
- Landlord substantially interfered with the Tenant's reasonable enjoyment of his rental unit
Case Study
The Landlord argued that the Member failed to take into account the Landlord's obligations under the Human Rights Code regarding the child's disability, and that the Landlord could not have done more to address the noise complaints. However, the Member found that the Landlord could have taken additional steps, such as hiring a contractor to adjust the insulation between the units, to address the noise issue.
Arguments and Actions
Landlord
Arguments
The Landlord argued that the Member failed to take into account the Landlord's obligations under the Human Rights Code regarding the child's disability, and that the Landlord could not have done more to address the noise complaints.
Decision Summary
The Member awarded a rent abatement of $7,419.60 and directed the Landlord to hire a contractor to ascertain whether soundproofing could be installed to reduce the noise. The Member declined to order the Landlord to cease the noise, finding that would be unreasonable and unenforceable.
Adjudicator Details
LTB Member
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Damages
$7,420
Total Owing
$7,420 (Owed to Tenant)
Source
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