Tenant Wins Illegal Lockout Case: Ali v Ballam 2023
Tenant awarded $5048 after landlord illegally locked him out of Richmond Hill rooming house
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 326 Major Mackenzie Drive, Richmond Hill, ON L4C2B7
Decision in favor of
tenant
Balance Owed to Tenant
$5,048
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
May 2021
Order Date
Oct 5, 2023
Dispute Summary
Tenant applied for orders determining that the Landlord collected or retained money illegally, and that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or a member of the Tenant's household.
Determinations
- Landlord illegally entered, locked out and interfered with Tenant's tenancy
- Landlord did not show Board lacks jurisdiction
- Tenant entitled to $5,048 for rent abatement, new higher rent, storage, moving costs
Case Study
The Landlord did not provide evidence to support her claim that the Board lacked jurisdiction. The Tenant presented evidence that he did not share the rental unit with the Landlord. The Landlord failed to attend the adjourned hearings to provide evidence. The Tenant's testimony was persuasive and generally not contradicted on cross-examination. The Landlord did not lead any evidence to dispute the Tenant's position.
Arguments and Actions
Landlord
Arguments
Landlord submitted Board did not have jurisdiction based on section 5(i) of the Residential Tenancies Act, 2006.
Tenant
Actions
Tenant no longer had access to rental unit as of March 16, 2021 due to Landlord's actions.
Decision Summary
The Landlord illegally locked the Tenant out of the rental unit. The Tenant is entitled to $5,048 for rent abatement, new higher rent, storage, moving costs, and the application fee. The Landlord must pay the full amount by December 31, 2023, or will owe interest.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,350
Application Fee
$48
Total Owing
$5,048 (Owed to Tenant)
Source
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