Tenant Wins $9823 in Khan v Nguyen LTB Case: Khan v Nguyen 2023
Tenant awarded $9823 after Landlord illegally entered unit, harassed him, and reduced services in Toronto rooming house dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
24 Delabo Drive, Toronto, ON M3J3S4
Decision in favor of
tenant
Balance Owed to Tenant
$9,823
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Jan 2022
Order Date
Nov 17, 2023
Dispute Summary
Tenant filed a T2 application alleging the Landlord substantially interfered with his reasonable enjoyment, harassed him, and illegally entered his rental unit. The Tenant also filed a T3 application alleging a reduction or discontinuance of services, including laundry, internet, and kitchen access.
Determinations
- Landlord entered rental unit illegally
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Landlord reduced and discontinued services including laundry, internet, and kitchen access
Case Study
The Landlord breached the Residential Tenancies Act by illegally entering the Tenant's unit, substantially interfering with the Tenant's reasonable enjoyment, and reducing or discontinuing services. The Tenant's evidence was credible and the Landlord's actions were found to be egregious.
Arguments and Actions
Landlord
Actions
Landlord entered Tenant's unit without notice, removed air conditioning, restricted access to laundry and kitchen, and installed security cameras.
Tenant
Actions
Tenant was forced to eat out and complete schoolwork in public places due to loss of kitchen and internet access. Tenant felt unsafe and unwelcome in the rental unit due to Landlord's actions.
Decision Summary
The Landlord is ordered to pay the Tenant $9,823, which includes a rent abatement, rent differential, expenses, and general damages due to the Landlord's breaches of the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$53
Damages
$2,000
Other Owed Amount
$6,240
Rent differential for 12 months
Total Owing
$9,823 (Owed to Tenant)
Source
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