Tenant Wins Substantial Interference Case: Lokuwaduge v Wang 2023
Ottawa tenant awarded $560 after landlord substantially interfered with reasonable enjoyment of rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
538 Lilith Street, Ottawa, ON K2J6M1
Decision in favor of
tenant
Balance Owed to Tenant
$560
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Nov 23, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet the maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards, and that the Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit.
Determinations
- Allegations in T2 and T6 applications based on same facts
- Tenant alleges Landlord took excessive time to repair flood damage
- Tenant alleges Landlord substantially interfered with reasonable enjoyment
- Tenant sought reimbursement for out-of-pocket expenses and rent abatement
Case Study
The Landlord's actions with respect to the timing of the repairs were reasonable under the circumstances. However, the Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit by intending to terminate the tenancy and not allowing the Tenant to move back in after the repairs were complete.
Decision Summary
The Landlord shall pay the Tenant $560.00, which includes a rent abatement of $510.00 and reimbursement of the $50.00 application filing fee, by December 3, 2023. If the Landlord does not pay the full amount by the due date, the Landlord will owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$1,690
Application Fee
$50
Total Owing
$560 (Owed to Tenant)
Source
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