Landlord and Tenant Board Ruling: Nwudu v Pattan
Tenant awarded $870 rent abatement for landlord's illegal entry in Toronto rental dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 20 Mafeking Crescent, Toronto, ON M1G2W8
Dispute resolved in
agreement
Balance Owed to Tenant
$870
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2019
Hearing Date
Sep 2020
Order Date
May 7, 2021
Dispute Summary
Tenant applied for orders related to illegal collection/retention of money, harassment, and failure to maintain the rental unit. Landlord applied for an order to terminate the tenancy and evict the Tenant for the purpose of personal use.
Determinations
- Tenant was not reasonably able to participate in initial hearing
- Landlord's application to terminate tenancy withdrawn
- Tenant's T1 application withdrawn
- Tenant's T6 application dismissed
- Tenant successful on T2 application for illegal entry, awarded $870 abatement
Case Study
The Tenant was not reasonably able to participate in the initial hearing due to issues with the mailbox. The Landlord's application to terminate the tenancy was withdrawn as the Tenant no longer wanted to be reinstated and the Landlord was now living in the unit. The Tenant's T1 application was withdrawn, and the T6 application related to the windows was dismissed as the Tenant failed to prove the Landlord failed to maintain the rental unit. The Tenant was successful on the T2 application related to illegal entry, and was awarded one month's rent abatement of $870.
Arguments and Actions
Landlord
Actions
Landlord served N12 Notice for personal use, eventually obtained eviction order which was executed by Sheriff. Landlord denied any arrangement with Tenant to stay until April 30, 2020.
Tenant
Actions
Tenant denied receiving Notice of Hearing and did not attend initial hearing. Tenant believed she had an arrangement with Landlord to stay until April 30, 2020, but was evicted by Sheriff on March 12, 2020.
Decision Summary
The Tenant's T1 application was withdrawn. The Tenant's T6 application related to the windows was dismissed as the Tenant failed to prove the Landlord failed to maintain the rental unit. The Tenant was successful on the T2 application related to illegal entry, and was awarded one month's rent abatement of $870.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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Financial Details
Total Owing
$870 (Owed to Tenant)
Source
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