Atkins v Equity Builders Ltd: Tenant Wins Substantial Interference Case
Tenant wins $15053 after landlord unreasonably blocked access to rental unit following fire
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 721 Earlscourt Drive, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed to Tenant
$15,053
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Aug 28, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord altered locking system without providing keys, substantially interfered with reasonable enjoyment, and harassed the tenant following a fire in the residential complex.
Determinations
- Landlord interfered with tenant's reasonable enjoyment
- City of Sarnia granted occupancy to second floor
- Landlord deliberately withheld information about occupancy
Case Study
Landlord unreasonably prevented tenant from returning to rental unit after fire, despite city inspection report granting occupancy.
Arguments and Actions
Landlord
Arguments
Landlord claimed they were complying with city's unsafe building order.
Actions
Landlord suggested tenant find another place to live and refused to provide updates.
Aggravating Factors
Deliberately withheld occupancy informationRefused tenant access to unitIgnored city inspection report
Tenant
Arguments
Landlord substantially interfered with reasonable enjoyment and harassed tenant by not providing updates or access.
Actions
Tenant was unable to access unit after fire, had to replace personal belongings, and continuously sought updates from landlord.
Decision Summary
Landlord ordered to pay $15,053 in damages and administrative fine, restore tenant's possession of rental unit, and provide keys.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Application Fee
$53
Damages
$15,000
Administrative Fine Payable to LTB
$10,000
Total Owing
$15,053 (Owed to Tenant)
Fine Payable By: Equity Builders Ltd.
Source
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