Sharma v Randhawa - Tenants Win Substantial Interference Case
Tenants awarded $2358 rent rebate after landlords' pattern of invalid notices and illegal demands
Summarized by RentZenLast updated: September 12, 2024
Case Summary
7293 Shallford Rd, Mississauga, ON L4T2P8
Decision in favor of
tenant
Balance Owed to Tenants
$2,358
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Dec 2023
Order Date
Jan 19, 2024
Dispute Summary
The Tenants alleged that the Landlords repeatedly served invalid notices of termination and made demands of the Tenants which the Landlords had no right to make, substantially interfering with the Tenants' reasonable enjoyment of the rental unit.
Determinations
- Landlords served invalid N1 Notice of Rent Increase
- Landlords served invalid N8 Notice of Termination for Persistent Late Payment
- Landlords served invalid N12 Notice of Termination for landlord's own use
- Landlords made demand for additional rent for additional occupants without right to do so
- Landlords' actions amounted to substantial interference with Tenants' reasonable enjoyment
Case Study
The Landlords repeatedly took steps which contravened the Residential Tenancies Act, 2006, including serving invalid notices of termination and making demands the Landlords had no right to make. While the Landlords' actions appear to have arisen more from lack of diligence than express malice, the pattern of continued missteps amounted to an unjustified disregard by the Landlords of their obligations under the Act and to a substantial interference with the reasonable enjoyment of the unit by the Tenants.
Arguments and Actions
Landlord
Actions
Landlords repeatedly served invalid notices of termination and made demands of the Tenants which the Landlords had no right to make.
Procedural Errors
Landlords repeatedly served invalid notices of termination and made demands of the Tenants which the Landlords had no right to make.
Tenant
Actions
Tenants refused to sign the 'Condition of Property Checklist' form because the heading suggested they had agreed to leave the unit, which they had not.
Decision Summary
The Landlords' actions amounted to a substantial interference with the Tenants' reasonable enjoyment of the rental unit. The Tenants are entitled to a rent rebate of 15% per month for the periods of August 2022 to November 2022 and October 2023 to December 2023, as well as the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$2,200
Application Fee
$48
Total Owing
$2,358 (Owed to Tenants)
Source
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