Landlord Wins Review of Tenant Harassment Claim: Nakas v M & R Holdings
Landlord's request to review tenant harassment order granted, previous order confirmed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1275 Danforth Road, Scarborough, ON M1J1E7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Application Date
Jul 2022
Hearing Date
Feb 2023
Order Date
Feb 23, 2023
Dispute Summary
Tenant applied for an order determining that Landlords substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household, and harassed, obstructed, coerced, threatened or interfered with the Tenant. The application was resolved by order TET-12208-20 issued on June 21, 2022. The Landlords requested a review of the order and that the order be stayed until the request to review the order is resolved.
Determinations
- Interim order issued on December 13, 2022 is cancelled, and the stay of order LTB-T-077807-22 is lifted immediately
- Landlords' request to review is denied
- Order TET-12208-20 issued on June 21, 2022 is confirmed and remains unchanged
Case Study
The hearing member's findings of fact were reasonable and rationally connected to the evidence. The hearing member's exercise of discretion in awarding the rent abatement was also reasonable and within the range of acceptable outcomes. The hearing member did not err in law by not explicitly addressing section 16 of the Residential Tenancies Act, 2006, as she adequately addressed the Tenant's efforts to minimize her losses.
Decision Summary
The Landlords' request to review order TET-12208-20 issued on June 21, 2022 is denied. The order is confirmed and remains unchanged. The interim order issued on December 13, 2022 is cancelled, and the stay of order LTB-T-077807-22 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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